Terms of Use

Campaign Del Mar

Campaign Del Mar Pty Ltd ACN 628 873 601 (‘Campaign Del Mar’, ‘us’, ‘we’ or ‘our’) operates campaigndelmar.com (‘website’) and provides bespoke marketing services alongside a campaign marketing platform that offers Campaign Classroom online marketing courses and programs for purchase (‘the Service’).

Please read the following Terms of Use (the ‘Terms’) completely before using or purchasing any of the products available on our website. These Terms constitute the legally binding terms and conditions between you and us when you use the Service.

Your access to, and use of, the Service is conditional on your acceptance of, and compliance with, these Terms. 

By purchasing any Service from us, which may include clicking of an acceptance box through the checkout process, or for separate fee proposals, by the signing of that proposal or delivery of any instructions to us pursuant to the proposal, you shall be deemed to have accepted the Terms and agree to conduct yourself in line with these Terms. 

We take no responsibility for any virus or other corruption of files, computer hard drives or software applications or other interruptions or damage caused by you accessing the website, or our online courses or materials, or arising from you being directed to third party links from our website to facilitate payment or for any other reason.

If you are using the Service on behalf of a company or other entity, then references to ‘you’ in these Terms includes that entity, with you acting as the authorised representative of that legal entity. 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 offers bespoke marketing services alongside an educational campaign marketing platform that offers courses and programs, including ‘Campaign Classroom’ and other products and services for purchase.

Bespoke marketing services

You can engage us to provide marketing campaign services to you, including but not limited to creating marketing campaigns, developing strategies and various other marketing activities. If you engage us for bespoke marketing services, we shall provide you with a specific scope of work which shall be detailed in a separate proposal (‘Proposal’), including all relevant pricing.

We reserve the right to charge you fees, at our disclosed hourly rates, or as otherwise set out in our fee schedule (if specified), for work requested by you beyond the scope in our Proposal. For any specified hourly fees beyond the initial scope, we shall charge in 15-minute increments. 

We reserve the right to suspend work until a further fee for additional work beyond the agreed scope for proposals or beyond the scope of online courses is agreed in writing. In that instance, we accept no liability for delays arising from the time taken to reach agreement on a further scope and/or additional fees.

Third party advisors

Further to the above, we may provide recommendations for you to engage services from experienced professionals in specialty fields of expertise. You acknowledge and agree that you are solely responsible for ensuring that any third-party advisor is appropriate for you, your needs, budget and your circumstances. Any suggested recommendations made by us are not binding and any election by you to engage a third-party adviser is made entirely at your discretion. 

Where you instruct us that you wish to proceed with a particular third-party advisor, we will brief and introduce you and the advisor will then provide professional services to you in the context of their expertise. In this regard:

1. You agree that you will independently retain any third-party advisor referred to you by us in accordance with the requirements and engagement protocols of that advisor;
2. You are solely responsible for the payment of any fees and disbursements to the third-party advisor; and
3. We disclaim all liability regarding the services you receive from any third-party advisor and your relationship with them.

We disclaim all liability in respect of the nature, form, timing or consequences of services delivered by any third-party advisor and you indemnify us in respect of any losses you incur arising from their services to the maximum extent permitted by law.

Campaign Classroom

Campaign Classroom is an online course provided by us to upskill professionals in marketing practices. You acknowledge that you shall be learning skills and gaining access to tools to enable you to create and implement your own marketing campaigns. We do not provide marketing services to you or for your business as part of Campaign Classroom. 

We do not guarantee the success of any marketing campaigns you design and implement in your business using the skills taught to you in Campaign Classroom. 

Each classroom includes coaching from a creative strategist along with supporting workbooks and additional resources where applicable. The workbooks contain concepts that are designed to be implemented across a range of industries and business types and are supported by coaching provided by us. 

Coaching is conducted by way of virtual classrooms. the number of virtual classroom sessions and classroom run time are detailed at the website. 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). We reserve the right to charge for advice provided by coaches beyond the scope of the course requiring more than 15 minutes, at a reasonable fee determined at our discretion.

 

Attendance and cancellations

You are responsible for attending the course or class dates you have registered for. We do send reminder emails or other notifications prior to the commencement of a course or class. With adequate prior written notice, we will consider a request for transfer to a future in-take of the same class or course on a case-by-case basis, at our absolute discretion.

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, which generally are offered twice per calendar year. In the event of a course cancellation, we will offer you the option to transfer to a future Campaign Classroom booking.

We reserve the right to refuse bookings, change dates, content, coaches 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. Only Campaign Del Mar are permitted to teach, facilitate, coach or otherwise instruct using Campaign Del Mar material. 

Your Content Obligations

You are responsible for ensuring you obtain any necessary consents or licenses for the use of any images, sounds or other intellectual property rights belonging to any third party for use in your marketing campaigns.

You agree to keep Campaign Del Mar course material and content strictly confidential, and we reserve the right to require you to sign a non-disclosure agreement before providing the Service to you.

Our course content and videos shall remain available to you for 12 months from the date you are first granted access to Campaign Classroom.

Your payment of our fees, participation in a course, or otherwise interacting with our Service, does not grant you any rights to our intellectual property unless otherwise expressly authorised by us in writing. You acknowledge and agree that you are not authorised to reproduce, disseminate, or publish any of our intellectual property, including that contained in our class materials or course information, without our prior express written consent.

Your Information Obligations

You must provide us with all information necessary to enable us to provide the Service, including information which we reasonably request, in sufficient time to ensure the timely and effective delivery of our Service. 

We will rely on the information you provide being true, current, accurate and complete and will not audit the information. We will not be held liable for any delays or deficiencies in the Services if you give us incorrect or inaccurate instructions or information. 

You, and where applicable your company officers, jointly and severally agree to unconditionally indemnify us in respect of any costs, losses, expenses, damages, liabilities or penalties arising as a result of our reliance upon or use of any information provided by you to us in our delivery of the Services.

EXCLUSIVITY

You acknowledge that the creative concepts delivered by Campaign Del Mar as part of Campaign Classrooms are not reserved to be taught exclusively to you or your business or industry.

However, if more than three businesses in the same geographical location and in direct competition with each other, purchase the same Campaign Classroom, if it was brought to our attention, we could, at our absolute discretion, provide alternative, non-exclusive virtual classroom sessions to those purchasers.

RESTRICTIONS ON USE

You must be 18 years or older to access our Service. You are solely responsible for your use of the Service and agree to use the Service in a legal and proper manner, which is compliant with all relevant local, State, Territory and international laws, rules, and regulations. 

You agree that your use of the Service is solely for your private educational purposes and may not be used for any other purpose, except with our express permission in writing.

You may not sub-license, transfer, share, reverse-engineer, 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.

INTELLECTUAL PROPERTY

This website, our Service and all original content, including the design, layout, look, appearance, trademarks, images, logos, text, illustrations, resources, graphics and other associated intellectual property, are the sole property of Campaign Del Mar and we assert our rights to our copyright and all other intellectual property rights.

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 an express license, in writing from us. 

We exclusively own the copyright and all other intellectual property rights in working papers and materials, course and other content included in our website and Services, in any form whatsoever.  You grant us an irrevocable, royalty-free, worldwide licence to use all content prepared prior to the final deliverables of the Service, to the extent that you may otherwise have any claim to any intellectual property contained in that content.

Once full payment has been made by you to us, pursuant to a Proposal, you shall retain all intellectual property rights in the final deliverables of the Service provided pursuant to the Proposal, subject to an irrevocable licence granted by you to us to reproduce any work in any form for our promotional purposes.

CONFIDENTIALITY

We may retain your information during and after our engagement to comply with our archiving practices and legal obligations. We will continue to hold such information confidentially.

You will maintain the confidentiality of our documents, information and course and class materials, content, methods, processes and technology (Confidential Information).

Where you disclose the Confidential Information to your employees or contractors solely for the purposes of your creation and implementation your marketing campaign, those employees or contractors are under an obligation of confidentiality on terms no less restrictive than in these terms.

You may only disclose Confidential Information where it is already in the public domain, if required by law, or to your personal professional advisors to obtain their services. Any other disclosure requires our prior written consent.

ACCOUNTS

It is your responsibility to ensure that the personal information you provide to us when registering for your account membership is and remains accurate and correct and to update us promptly, in writing, when your details change. 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 in your account using your username and password. You must not disclose your confidential log-in details to any person. Should you become aware of any unauthorised activity on your account, please contact Campaign Del Mar immediately. We reserve the right to suspend your account where we become aware of any unauthorised or unlawful use of your account.

PAYMENT INFORMATION

Payments for our Service are made through a third-party platform (‘Payment Processor’). When you purchase a Classroom or other product or services from us, you will be directed to the Payment Processor, where you will be asked to create an account to remit payment. It is your responsibility to ensure that payment information and account information is current and correct. Use of the Payment Processor’s service is subject to their Privacy Policy and Terms of Use, which you must read prior to using those services. 

Campaign Del Mar makes no warranty of any kind regarding the Payment Processor or any other third-party affiliate or provider. You are advised to refer to the Privacy Policy and Terms of Use of the Payment Processor, or any applicable third-party affiliates, before accepting and using their services. 

RELEASE OF LIABILITY

To the maximum extent permitted by law, you agree not to bring any claim against us, and you indemnify us and our officers against any liability arising from: 

1. indirect, special, or consequential losses or damages suffered by you or any third party of any kind, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party arising from our Service, the use of the website or your interaction with any Payment Processor or advisor; or 
2. any loss or damage suffered by you or any third party arising from the Service, where we fail to deliver the Service or fail to meet any delivery date or cancel or suspend the supply of the Service; 
3. any failure to comply with these Terms where such failure arises primarily because of any act of God, war, terrorism, catastrophic fire or weather event, industrial action, global pandemic or national health emergency or such other event which is beyond our control; or
4. any liability arising due to the acts or omissions of any other person, including any third-party, or circumstances outside our reasonable control or due to your breach of these Terms.

 

REFUNDS AND WARRANTIES

Subject to the required by the Australian Consumer Law (ACL), we do not provide any refunds for change of mind or missed attendance of courses you enroll in. 

To the maximum extent permitted by law, we make no express or implied warranties or representations in relation to the Service other than those expressly contained in these Terms.

 

In relation to Campaign Classroom, we expressly exclude any warranties relating to the success of any marketing campaign that you design and implement after completing any of our courses.

 

Where the ACL applies, the Service provided by us comes with guarantees that cannot be excluded, in particular:

1. If there are any issues with the Service provided or performed by us that are minor and can be fixed, we will determine how to rectify any issues at our cost; and
2. If there are any issues with the Service performed by us that are a major failure under the ACL and cannot be rectified, then you can elect to obtain a refund of monies paid to us.

The maximum liability under these Terms for any breaches of these Terms, any breach of warranty or any negligence by us will not exceed the total amount of payments made by you to us, and if you have not paid any amounts to us then the maximum liability will be $10.00.

Nothing in the Terms is to be interpreted as excluding, restricting, or modifying the application of any State or Federal legislation applicable to the supply of services by us which cannot be excluded, restricted or modified.

 

CHANGES TO OUR SERVICE

We reserve the right to change prices, content, format of our Service at any time, by giving you reasonable prior notice. 

Campaign Del Mar also reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) reasonable prior 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.

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, our Services and ongoing support services, at any time without notice, at our reasonable discretion, without compensation to you, including for a breach of these Terms. 

For bespoke marketing services, you acknowledge that we reserve the right to suspend delivery of the Service where payment is overdue and until all overdue payments are made in full.

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, or retain these as necessary for our accounting, taxation or legal obligations. 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.

PRIVACY POLICY

At Campaign Del Mar, we take your privacy seriously. Please review our Privacy Policy https://www.campaigndelmar.com/pages/privacy-policy for details about what Personal Information we collect, how we collect, use and protect Personal Information. Please note that our Privacy Policy may be changed from time to time and the Privacy Policy that is live on our website is the policy in force.

DISPUTE RESOLUTION

1. If you have any concerns about our Proposal or Service, please raise this directly with us in writing as soon as possible after the upon concern arises. 
2. A party to these Terms will not commence any court proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute arising out of these Terms (dispute) unless it notifies the other party to these Terms in writing, giving details of the dispute.
3. The parties will have fourteen (14) days to use their best efforts to resolve the dispute in good faith (‘Initial Period’). 
4. If the parties are unable to resolve the dispute within the Initial Period, each party agrees that the dispute must be referred for mediation in accordance with the Mediation Rules of the Law Society of Northern Territory. Mediation is to be held with a mediator agreed on by the parties, or, failing agreement within seven (7) days after the expiry of the Initial Period, a mediator nominated by the then current President of the Law Society of Northern Territory. 
5. The role of any mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a disputant unless that disputant has so agreed in writing. 
6. Each party to a dispute must bear its own costs of complying with this clause and the parties must bear equally the costs of any mediator and mediation venue engaged. 
7. Only where the parties fail to resolve the dispute after mediating in good faith in accordance with this clause may a party issue any legal proceedings.

 

JURISDICTION

These Terms and this website are subject to the laws of Northern Territory, 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 the Northern Territory.

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.

ASSIGNMENT

You may not assign, transfer, or otherwise deal with any of your rights and obligations pursuant to these Terms without our prior written consent.

ENTIRE AGREEMENT AND INCONSISTENCIES

To the maximum extent permitted by law, these Terms constitute the entire agreement between you and Campaign Del Mar for all Campaign Classroom and other purchases, governing your use of Services we provide, and they supersede any prior agreements between you and Campaign Del Mar with respect to the Service. 

For bespoke marketing services, these Terms, together with the terms of our Proposal, constitute the entire agreement between you and us, superseding any prior agreements between you and Campaign Del Mar with respect to the Service. The terms of any Proposal prevail over these general Terms to the extent of any inconsistency.

 

CONTACT

If there are any queries about our Terms, please contact Campaign Del Mar at [email protected].