1. Owner
The Trustee for McRae Family Trust trading as Podcast Support Services [ABN 65 381 496 449] owns and operates this platform (owner, we, my, our or us). Any reference to “we, my or us” also includes the successors and assign of the owner.
2. Site
We operate podcastsupportservices.com.au (Site). When we refer to our Site, this includes our online and mobile presence, regardless of how you access it, and any third-party platform we use to sell, host or deliver our Content. These terms and conditions are referred to as the Terms.
By accessing and/or using our Site, you warrant to us that you:
- have reviewed these terms and conditions (Terms) and our Privacy Policy available here and note that these two documents together form our agreement with you;
- have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- agree to use the Site in accordance with these Terms.
3. When do these terms apply?
These Terms apply when you purchase one of our online courses and other digital products and resources (Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Content.
4. Our contract with you
4.1 When you, as purchaser of Content (you or your) place an order (Order) via our Site, you will receive an acknowledgement confirming receipt of your Order. However, this acknowledgement will not constitute acceptance of your Order.
4.2 A contract will not be formed between us until we send you confirmation the Content has been dispatched to you by email or other form of digital download (Contract). In the case of audio, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.
4.3 You agree that you will not copy, reproduce, distribute or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.
4.4 If you breach these Terms we reserve the right to terminate your license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content we offer will be subject to another contract.
5. Podcast Launch Program Inclusions
5.1 When you purchase the Podcast Launch Program (Program), you will receive access to the online training and resources described on the Program sales page at the time of your purchase.
5.2 The Program currently includes:
(a) the Podcast Launch Program online training;
(b) step-by-step video lessons;
(c) downloadable worksheets and resources;
(d) podcast marketing bonus training; and
(e) one 30-minute private 1:1 Zoom call with Laura.
5.3 Your included 1:1 Zoom call must be booked within 28 days of the date you purchase the Program. If you do not book your call within this period, the included call will expire. The appointment itself may take place after the 28-day booking period, subject to availability.
5.4 The included 1:1 Zoom call is limited to one call per Program purchase.
5.5 Program Scope: The Program is designed to help you launch an audio-first, solo-hosted podcast that you can record from your own home or office. It also covers interviewing guests remotely via the internet.
The Program does not provide training in video podcasting, cameras or lighting, video production or editing, in-person studio set-ups, or co-hosted podcasts where multiple hosts are recording together in the same physical location.
The Program has intentionally been designed around a simple, audio-first set-up to help you focus on getting your podcast launched without needing additional video or studio equipment.
5.6 Program Access: You will have ongoing access to the Program for as long as the Program continues to be offered and made available by us. We do not guarantee lifetime access to the Program. Please refer to section 17 regarding discontinuance of the Program.
6. 1:1 Zoom Call – Bookings, Cancellations and Rescheduling
6.1 Where your Program purchase includes a 1:1 Zoom call, we will provide you with instructions and a booking link by email.
6.2 Your included Zoom call must be booked within 28 days of purchasing the Program. If you do not book within this period, the included call will expire. The appointment itself may take place after the 28-day booking period, subject to availability.
6.3 All scheduled sessions will finish at the allocated time, including where you arrive late to your session.
6.4 If you are unable to attend your scheduled session, please notify us as soon as reasonably practicable. Requests to reschedule will be considered at our discretion and subject to availability.
6.5 If you fail to attend your scheduled session without notice, you may forfeit the session and we are not obliged to provide a replacement session.
6.6 We may, at our discretion, make exceptions to these conditions where we consider the circumstances warrant it.
7. Cancellations and Refunds
7.1 As you receive access to the Program’s digital content and resources immediately after purchase, we do not generally provide refunds for change of mind or where you decide not to complete or participate in the Program.
7.2 We may consider requests for refunds in exceptional circumstances at our discretion. Nothing in this clause requires us to provide a refund where one is not otherwise required by law.
7.3 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other rights that cannot lawfully be excluded.
8. Termination and Breach
Where you:
- fail to participate in the Program or breach any of these terms, we may in our absolute discretion take one or a combination of any of the following:
- remove your access to and/or restrict or prohibit your participation in the Program; and
- retain any money paid by you.
- fail to pay any money payable under these terms as and when it becomes payable, we may in our absolute discretion take any or a combination of the following steps:
- Apply interest at the rate of 2.5% per annum, calculated on a daily basis from the due date until paid in full, to any outstanding amounts, which you must pay to us on top of the principal amount owed; and
- Remove your access to and/or restrict or prohibit your participation in the Program until all outstanding amounts are paid in full; and
- You release us from any liability arising from us taking any of the above steps and agree that by properly taking those steps we are not in breach of these terms.
- Where an event occurs which results in us not being able to fulfil our obligations under these terms, you agree that our liability to you is limited to the fullest extent permitted at law to a refund of all monies paid by you to us for the purchase of the Program.
9. Pricing
The Price of our Content is listed on our Site at the time of purchase. We try and ensure that all details, descriptions and prices that appear on our Site are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to correct it as soon as we are reasonably able.
10. Payment
Payment must be made by the method you choose from our Site (Payment). Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we use (if applicable). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.
11. Delivery of Content to you
The Content will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.
12. Limitation on claims
We have no liability to the extent that a failure of the Content or other product or service you purchase from us caused by any act or omission on your part. Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:
- in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
- Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
13. Warranty disclaimer
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
14. Intellectual Property rights
14.1 Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and the Content. Your use of our Site to participate in our online course and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.
14.2 You must not, without the prior written consent of us or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website or platform; or
(3) creating derivative works from the Content.
15. User Content
15.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Site. By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Site.
15.2 You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
15.3 We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
16. Exclusion of competitors
You are prohibited from using our Site, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
17. Discontinuance
We may update, modify or discontinue our Site, or any third-party platform used to deliver the Program, from time to time.
If we decide to permanently discontinue the Podcast Launch Program, we will use reasonable endeavours to provide you with reasonable notice before your access to the Program ends.
We may restrict or terminate an individual’s access to the Site or Program where permitted under these Terms, including where these Terms have been breached.
18. Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
19. No guarantee
19.1 The Program provides education, guidance and resources to assist you in launching your podcast. You are responsible for implementing the training, completing the required steps and making decisions relating to your own podcast. While every effort has been made to accurately represent the Program and its intended outcomes, we cannot guarantee that you will achieve any particular result. Your results will depend on your own participation and implementation of the Program, as well as factors outside our control.
19.2 As results vary between individuals, we cannot guarantee that you will launch or continue a podcast, or achieve any particular business or marketing outcome from your podcast, including audience growth, leads, customers, sales, revenue, visibility or other opportunities.
19.3 You enter into the Program on this basis.
20. Disclaimer
20.1 You acknowledge and agree to proceed on the basis that:
- the information provided in our digital products (including any Online Course) is compiled from our experience in the Podcast industry; and
- We make no guarantee as to the likely outcomes or otherwise of participating in the Online Course or any other program or package offered by us. This includes no guarantees with respect to creating a podcast deemed “professional”, sales through your podcast, clients through your podcast and growing your community amongst other benefits.
20.2 You warrant that you have not relied on any testimonials published by us as a reliance to purchase the online course or otherwise purchase the digital products we offer and undertake that you will participate in this course on that basis and hold us harmless if you do not achieve the results you desire.
21. Entire agreement
The above terms set out in this online course purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
22. Variation
We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.
23. Severance
The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
24. Governing law
The laws in force in Western Australia, Australia govern these Terms. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.