DASH ACADEMY TERMS OF USE.

 

Terms and Conditions

Welcome to Dash Academy, owned and operated by Dash of Milk Agency Pty Ltd ("Dash Academy"). By accessing or using the Site and/or ordering any Digital Products from the Site, you agree to be bound by the following Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using the Site or purchasing any Digital Products.

1. Overview

1.1 Dash Academy provides a website where users can access articles, listen to podcasts, and purchase online courses, coaching, and digital products relating to social media + digital marketing (“Digital Products”).

1.2 The term “User”, “You” and “Your” refers to site visitors, podcast listeners, students, members, clients and any other users of the Digital Products on the Site.

1.3 To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

2. Digital Products

2.1 Payment for all Digital Products will be in AUD (Australian Dollar) unless otherwise specified.

2.2 When you purchase a Digital Product, you are granted a single non-exclusive, revocable, royalty-free worldwide licence to the product you have purchased. All Digital Products are for personal use only.

2.3 This is the grant of a licence, not a transfer of title, and under this licence, you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

2.4 Sharing, reselling, or distribution of Digital Products, as well as any other proprietary information owned by Dash Academy, is prohibited.

2.5 Some courses or coaching programs may offer both one-time payment options and monthly subscription plans. Participants must select their preferred payment option at the time of registration and adhere to the terms and conditions associated with their chosen payment plan.

3. Refunds, Cancellations, and Returns

3.1 Due to the digital nature of our products and courses, we do not offer a refund except where required by Australian Competition and Consumer Commission Law. Therefore, the onus is on you to read the product page thoroughly.

 

4. Dash Academy Terms and Conditions of Use

4.1 Upon joining a course or program offered by Dash Academy, you will be given access to a members-only area through a secure login using an email and password and a link. You agree not to share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this site and will not sell any of its content without written permission.

4.2 Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

4.3 You understand and agree not to place an unreasonable burden on the server hosting this site, to not interfere with the running of this website, and to not attempt unauthorized access to any portion of this website.

4.4 You understand and agree not to provide false information about yourself, to impersonate another individual, or provide misleading or false content.

 

5. Products

5.1 As of April 2024, there are two Digital Course Products in operation:

1. a) The Social Starter: This is a course designed for small business owners and in-house teams to learn how to design a social media strategy and understand how to utilize social media
2. b) The Social Boss: This course is designed for social media managers to learn how to define their business and grow their client base

5.2 For courses, paying students will be given access to courses for a total of 12 months (365 days), which may be extended at the discretion of Dash Academy, unless otherwise agreed.

5.3 Coaching sessions offered by Dash Academy are subject to the following terms:

 A) Upon entering into a coaching agreement with Dash Academy, students agree to full payment for the agreed coaching period, regardless of whether all coaching sessions are completed. Payment is expected for the entire agreed-upon period.

1. B)  Dash Academy reserves the right to claim payment for the agreed coaching period, irrespective of the completion of all coaching sessions.
2. C)  Coaching sessions cover only the agreed-upon time frame and scope as outlined in the coaching agreement. No additional work beyond the agreed-upon coaching sessions is expected or included in the coaching agreement. 
3. D) All information discussed during coaching sessions is considered confidential and will not be disclosed to third parties without the student's consent, except as required by law. Confidentiality is maintained to the fullest extent possible within the bounds of the law.
4. E)  Students are responsible for ensuring their availability for scheduled coaching sessions and must notify Dash Academy in advance of any scheduling conflicts or changes.
5. F)  Dash Academy reserves the right to reschedule coaching sessions with reasonable notice to students and will make every effort to accommodate scheduling needs.
6. G) Any assets or material provided during coaching sessions falls under Dash Academy Intellectual Property and can not be distributed or used outside of the intended use

 

6. Financial Obligations

6.1 You are responsible for the completion of all payment plans associated with your purchase of any Digital Product. We will seek recovery of any monies remaining unpaid via a Collection Agency. 

6.2 You represent and warrant that when purchasing a Digital Product, any credit card or payment information you give us is accurate and complete; and, that any charges incurred by you will be honored by your financial institution or credit card company; and, that you will pay the charges incurred by you, including any and all taxes; and, that if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

6.3 Failure to pay does not cancel your payment obligation. If we cannot collect your monthly payment, your access will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding balances whether or not you maintain an active student.

6.4 You hereby authorize Dash Academy to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

6.5 In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

 

7. Intellectual Property

7.1 All content provided on the Site and in the Digital Products, including all podcast material, blog posts, free resources, online courses, and materials, are the intellectual property of Dash Academy.

7.2 You are not permitted to steal our content and/or repurpose it as your own. The content of the Site and the Digital Products are protected by Australian law. You may not modify, publish, transmit, participate in the sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any content of the Site or the Digital Products, in whole or in part, without written content.

7.3 We reserve the right to immediately remove you, without refund, from any Digital Product you have purchased, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

 

8. Limitation of Liability

8.1 Dash Academy or any of its officers, employees, agents or related bodies corporate shall not be liable to you or anyone else for:

• Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorized access to, your computer system or network;

• Any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or

• Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:

• The use of the Site and/or Digital Products;

• The use of information and or advice provided by you through Dash Academy;

• You or anyone else being unable to access

 

 9. Refusal or Discontinuation of Service

9.1 Dash Academy reserves the right to refuse access or discontinue service to any part of the Site or to any Digital Product to any order, person, or entity without obligation to assign a reason for doing so.

9.2 Dash Academy may at any time change or discontinue any aspect or feature of the Site or Service.

 

10. Accuracy and Error Disclaimers 

10.1 We reserve the right to amend and/alter the pricing for Digital Products at any given time without prior notice. 

10.2 We endeavour to describe and display Digital Products as accurately as possible. While we try to be as clear as possible, please do not accept that it is entirely accurate and error-free. From time to time, we may correct errors in pricing and/or descriptions. We reserve the right to refuse or cancel an order with an incorrect price listing.

10.3 The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used, or modified by third parties. 

10.4 Dash Academy does not warrant on or accessible through the Site, including Digital Products, are free from errors, viruses, worms, trojan horses, or other harmful components. 

10.5 You acknowledge that your access to and use of the Site, including online course sites (including the software operating in connection with the Sites), may be interfered with by numerous factors outside Dash Academy’s control.

10.6 Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

10.7 The materials appearing on the Site and in Dash Academy Digital Products could include technical, typographical, photographic, or other errors. Dash Academy does not warrant that any of these materials are accurate, complete, or current. Dash Academy may make changes to the materials contained on its website at any time without notice, however does not make any commitment to update the materials.

 

11. Affiliates and Referrals Program

11.1 Dash Academy offers an affiliates and referrals program to individuals or entities interested in promoting our Digital Products.

11.2 Upon signing up for the affiliates and referrals program, you may be provided with a unique referral link. You are eligible for an agreed payout should the referred person use the link, or your unique reference provided to accurately showcase the referral origin.

11.3 Affiliate payments are contingent upon Dash Academy receiving payments either in full or partial from the referred person based on their payment structure.

11.4 Dash Academy reserves the right to determine the eligibility of referrals and the payout amount for affiliates.

11.5 Affiliate payouts will be made according to the terms agreed upon between Dash Academy and the affiliate.

11.6 Dash Academy reserves the right to modify, suspend, or terminate the affiliates and referrals program at any time without prior notice.

11.7 By participating in the affiliates and referrals program, you agree to abide by all terms and conditions set forth by Dash Academy.

 

12. Student Feedback and Portfolio Use

12.1 Students acknowledge and agree that any feedback, results, accounts, insights, or other information provided to Dash Academy during the course of their engagement may be used by Dash Academy for portfolio, promotional, or educational purposes. 

12.2 Dash Academy reserves the right to share student feedback, results, accounts, insights, or other information in marketing materials, case studies, testimonials, or other similar mediums, both online and offline, without seeking additional consent from the student.

12.3 Students who do not wish for their feedback, results, accounts, insights, or other information to be shared for promotional purposes must notify Dash Academy in writing. 

12.4 Dash Academy will make reasonable efforts to respect the privacy and confidentiality of students' personal information and will not disclose any sensitive or confidential information without the student's explicit consent.

 

13. Additional Billable Hours and Subcontracting

14.1 If additional hours are needed, these will be billed based on a package or hourly price determined by Dash Academy, based on the type of service or offering

14.2 Dash Academy reserves the right to subcontract the provision of any services to a third party without prior notice to the student.

 

15. Acknowledgement of Training and Suggestions

15.1 You acknowledge that throughout your training, we may give suggestions and encourage online activities or actions. Further, you acknowledge:

(a) we may not have any particular expertise, knowledge or experience in your industry or in the subject matter of your business;

(b) we may not be aware of any applicable industry laws, regulations, guidelines or practices that may impact on the provision of the Services; and

(c) it is your sole responsibility to be aware of such information; and you release us from any liability for and indemnify us against any losses or damages suffered by us or by you as a result of a breach of any such industry laws, regulations, guidelines or practices.

 

16. Licence for Digital Products

16.1 When you purchase a Digital Product, you are granted a single non-exclusive, revocable, royalty-free worldwide licence to the product you have purchased. All Digital Products are for personal use only.

16.2 This is the grant of a licence, not a transfer of title, and under this licence you may not:

- modify or copy the materials;

- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

- remove any copyright or other proprietary notations from the materials; or

- transfer the materials to another person or "mirror" the materials on any other server.

 

17. Invoice and Dispute Resolution

17.1 Invoices are due within 7 days of issue.

17.2 Dispute resolution: If a dispute arises, before any proceeding is commenced the party claiming that a dispute has arisen must give 14 days notice to the other party setting out the dispute and seeking discussion and compromise to resolve the dispute. 

 

18.  Rescheduling Policy

18.1 Students enrolled in coaching sessions with Dash Academy are entitled to one reschedule per scheduled session under the following conditions:

18.2 Requests for rescheduling must be made at least 7 days prior to the scheduled session, unless Dash Academy is not available during that time period or otherwise agreed upon.

18.3 If a student wishes to reschedule a coaching session, they must notify Dash Academy at least 7 days in advance of the scheduled session.

18.4 Upon receiving a rescheduling request, Dash Academy will make every effort to accommodate the student's preferred rescheduled date and time. However, Dash Academy is under no obligation to find a time within the seven-day period specified by the student.

18.5 Rescheduled sessions must be completed within a reasonable timeframe, as mutually agreed upon by the student and Dash Academy.

18.6 Failure to provide sufficient notice for rescheduling may result in the forfeiture of the rescheduling privilege for that session, at the discretion of Dash Academy.

18.7 Dash Academy reserves the right to decline rescheduling requests that cannot be accommodated due to scheduling constraints or other factors.

 

19. Jurisdiction and Governing Law

19.1 This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland.

Contact Information

For inquiries or concerns regarding these terms and conditions, please contact Dash Academy at [email protected]