BetterBriefs Terms of use

1. Who the Academy and Paid Products are for

The BetterBriefs Academy and our Paid Products are intended for the professional development and internal business use of in-house marketing, brand, communications, media, insights, innovation and related commercial professionals, and the organisations that employ them.

They are not intended for Restricted Providers unless BetterBriefs has expressly approved access in writing.

A “Restricted Provider” means any person or organisation that provides, intends to provide, develops or is employed or engaged by an organisation that provides or develops, training, coaching, consulting, advisory, agency, research, software, tools or other services in relation to marketing/creative briefs, briefing, marketing strategy, creative strategy, idea evaluation, creative development, agency-client relationships, marketing capability or comparable areas.

By enrolling in the Academy or purchasing a Paid Product, you represent and warrant that:

(a) you are acquiring access for your own professional development or for your organisation’s internal business use;

(b) you are not a Restricted Provider, unless BetterBriefs has expressly approved your access in writing; and

(c) you are not enrolling or purchasing to develop, provide, inform, benchmark, market or support any product, service, training, coaching, advisory, consulting, agency, research, software, tool or other offering that competes with, or is comparable to, BetterBriefs.

2. Eligibility review and our right to decline or withdraw access

Access to the Academy and certain Paid Products is conditional on eligibility approval.

To protect BetterBriefs’ proprietary methodologies, frameworks and Materials, and to preserve the intended audience and learning environment for the Academy, BetterBriefs may, acting reasonably, decline an application, suspend access or withdraw access where we reasonably determine that:

(a) you are a Restricted Provider;

(b) you fall outside the intended audience described in clause 1;

(c) you have provided false, incomplete or misleading information in connection with your application, purchase or account;

(d) you have breached these Terms, including the eligibility warranty in clause 1 or the intellectual property and confidentiality obligations in clause 7; or

(e) your access would create a reasonable risk of misuse of BetterBriefs’ Materials, frameworks or methodology.

We may ask you to provide reasonable information to verify eligibility, including your organisation, role, professional activities and intended use of the Academy or Paid Product.

Course access does not begin until BetterBriefs has confirmed eligibility.

If we decline access before course materials are made available and you have not breached these Terms, we will refund the fee paid for the affected Academy course or Paid Product.

We may also review eligibility after access has begun. If we withdraw access because you breached these Terms, including by providing false or misleading information or misusing the Materials, no refund is payable except where required by law.

We are not required to disclose commercially sensitive details of our eligibility assessment, but we will act reasonably and in accordance with applicable law.

3. Fees, subscriptions, cancellations and refunds

Prices

Prices for Paid Products are shown at the point of purchase.

We may change prices for future purchases at any time. Price changes do not affect a Paid Product you have already purchased, except as set out below for subscriptions.

Subscriptions and automatic renewal

Some Paid Products may be offered as monthly, annual or other recurring subscriptions.

If you purchase a subscription, it will automatically renew at the then-current price at the end of each billing period unless you cancel before renewal.

By subscribing, you authorise us, or our payment provider, to charge your payment method the applicable fee, plus any taxes, on a recurring basis until you cancel.

Promotional pricing renews at standard pricing unless cancelled before renewal, unless we tell you otherwise at the point of purchase.

Changes to subscription terms

If we change the fee or other material terms of your subscription, we will give you advance notice.

The change will take effect from your next billing period. If you do not accept the change, you may cancel before it takes effect.

Cancelling

You can cancel a subscription at any time [via your account settings] or by emailing admin@betterbriefs.com.

Cancellation takes effect at the end of your current billing period, and you keep access until then.

Except where a refund is required by law or under these Terms, we do not refund fees already paid for the current or earlier billing periods.

Refunds where we decline or withdraw access

If we decline your access before Academy course materials or Paid Product materials are made available, and you have not breached these Terms, we will refund the fee paid for the affected Academy course or Paid Product.

If we withdraw or suspend your access because of a breach by you, including a breach of the eligibility warranty in clause 1, the intellectual property and confidentiality terms in clause 7, or because you provided false, incomplete or misleading information, no refund is payable except where required by law.

If we decline or withdraw your access for any other reason and you are not in breach, we will refund the fee paid for the affected Academy course, Paid Product or subscription period.

Statutory rights preserved

Nothing in this clause limits any refund, guarantee, cancellation right or remedy you are entitled to under the Australian Consumer Law or any other applicable law that cannot be excluded.

Consumer cooling-off rights

If you are a consumer in a jurisdiction that grants a cooling-off or withdrawal right, that right applies where required by law.

For digital content and online courses, if you request or receive immediate access, you may lose that withdrawal right once access begins, or you may be required to pay a proportionate amount for what has been supplied, where applicable law permits.

4. Accounts and access

You are responsible for keeping your account credentials secure and for all activity under your account.

Access to the Academy and Paid Products is personal to you.

For an organisational purchase, access is limited to the named users, seats or authorised participants permitted by your plan or confirmed by BetterBriefs.

Access to the Academy is provided for the duration of the applicable course only. Each course has a defined commencement and completion period, and participants must complete the course within that timeframe. Unless BetterBriefs expressly agrees otherwise in writing, access to the Academy and its course materials will automatically expire at the end of the applicable course period.

You must not:

(a) share your login details;

(b) allow another person to use your account;

(c) transfer, resell or sublicense access;

(d) make Academy or Paid Product content available to unauthorised users; or

(e) attempt to bypass user, seat, download, security or access restrictions.

If you suspect unauthorised access to your account, you must notify us promptly.

5. Privacy

We handle personal information in accordance with our Privacy Notice.

Our Privacy Notice explains how we collect, use, store and share personal information, including information collected through the Academy, Paid Products, forms, marketing communications and website tracking.

6. Acceptable use

You agree not to:

(a) use the Service unlawfully or in breach of these Terms;

(b) use the Service in a way that infringes the rights of BetterBriefs or any third party;

(c) copy, scrape, crawl, frame, mirror, resell, redistribute or otherwise exploit the Service or Materials except as expressly permitted;

(d) use bots, scripts, automated tools, scraping tools, extraction tools or similar technologies to access, copy or extract the Service or Materials;

(e) interfere with, disrupt or compromise the security, integrity or performance of the Service;

(f) attempt to gain unauthorised access to any part of the Service, any account, system or network;

(g) upload or transmit viruses, malware or harmful code;

(h) use the Service to send spam, unsolicited communications or unlawful material;

(i) use the Service or Materials to develop, train, improve, benchmark or support any competing or comparable product, service, training, coaching, advisory, consulting, agency, research, software or tool offering; or

(j) encourage, assist or permit another person to do any of the above.

7. Intellectual property, confidentiality and permitted use

All intellectual property rights in the Service and in our content, reports, tools, frameworks, methodologies, templates, exercises, recordings, training materials, course materials and other resources (“Materials”) are owned by BetterBriefs or our licensors.

Nothing in these Terms transfers ownership of those rights to you.

Your licence

Subject to your compliance with these Terms and payment of any applicable fees, BetterBriefs grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Materials solely for:

(a) your own professional development; and

(b) internal business use within your organisation, where your purchase or plan permits organisational use.

Restrictions

You must not, and must not permit or assist anyone else to:

(a) copy, reproduce, publish, distribute, share, sell, license, rent, lease, transmit, display, broadcast or otherwise make the Materials available to others;

(b) share your account, login details, course access or downloadable Materials with anyone who is not authorised by BetterBriefs;

(c) record, photograph, screenshot, transcribe or otherwise capture Academy sessions or Materials, except where BetterBriefs expressly permits this in writing;

(d) upload, input, disclose or otherwise make the Materials available to any artificial-intelligence system, large language model, chatbot, automated note-taking tool, transcription service, model-training system or similar technology, except where BetterBriefs expressly permits this in writing;

(e) use the Materials, frameworks or methodology to train, fine-tune, prompt, build, benchmark or improve any artificial-intelligence model, automated tool, software product or similar system;

(f) modify, adapt, translate, reverse engineer or create derivative works from the Materials;

(g) remove copyright notices, confidentiality notices, watermarks or other proprietary markings;

(h) use the Materials, frameworks or methodology, in whole or in part, to develop, deliver, market, benchmark or support any product, service, training, coaching, advisory, consulting, agency, research, software, tool or other offering that competes with, or is comparable to, BetterBriefs; or

(i) use the Materials for any purpose outside the intended use described in clause 1.

Nothing in these Terms prevents you from applying general knowledge and skills gained through the Academy in your internal marketing, brand, communications or commercial role, provided you do not copy, disclose, commercialise or misuse BetterBriefs’ Materials, frameworks or methodology.

Confidentiality of proprietary frameworks

Where Materials are marked confidential, proprietary, restricted, internal-use only, or would reasonably be understood to be confidential or proprietary, you must keep them confidential and use them only as permitted by these Terms.

This obligation continues after your access to the Service ends.

Protection measures

BetterBriefs may use technical, contractual and practical measures to protect its Materials, including watermarking, access controls, download restrictions, account monitoring and restrictions on recordings.

Trade marks

“BetterBriefs”, “BriefCoach” and associated logos are trade marks, whether registered or unregistered, of BetterBriefs Pty Ltd.

You may not use them without our prior written consent.

The Service may display third-party marks, which remain the property of their owners.

Feedback

If you give us feedback, ideas or suggestions, we may use them without obligation to you, provided we do not use your personal information in a way that is inconsistent with our Privacy Notice.

8. Your content

If you submit content to the Service, including contributions in the Academy, survey responses, comments, messages, examples, testimonials or correspondence, you retain ownership of that content.

You grant BetterBriefs a non-exclusive, worldwide, royalty-free licence to use, host, store, reproduce and display that content solely to operate, provide, support, secure and improve the Service.

We may use testimonials, quotes or identifiable feedback in marketing only with your consent.

You are responsible for content you submit and must not submit anything:

(a) unlawful;

(b) infringing;

(c) confidential to another person or organisation without permission;

(d) defamatory;

(e) obscene;

(f) harassing;

(g) hateful;

(h) misleading; or

(i) otherwise objectionable.

We may remove content that breaches these Terms or that we reasonably consider inappropriate for the Service.

9. Your rights as a consumer

Our Paid Products and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Among other things, services must be provided with due care and skill and be fit for any specified purpose made known to us, and digital products must be of acceptable quality where applicable.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

To the extent these Terms are inconsistent with such rights, those rights prevail.

Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee for services or products not ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to:

(a) resupplying the relevant services or Paid Product; or

(b) paying the cost of having the relevant services or Paid Product resupplied.

If you are a consumer in the EU, UK or another jurisdiction, you may also have statutory rights, including rights relating to digital content and services. Nothing in these Terms limits those non-excludable rights.

10. Disclaimers

Except for the guarantees and rights described in clause 9 and any other rights that cannot be excluded by law, the Service and Materials are provided on an “as is” and “as available” basis.

We do not warrant that:

(a) the Service will be uninterrupted, error-free or secure;

(b) the Service or Materials will meet your particular requirements;

(c) the Service or Materials will produce particular commercial, marketing, creative, financial or business results;

(d) any defects will be corrected by a particular time; or

(e) the Service will be compatible with every device, browser, system or platform.

The Materials are provided for professional development and general business education. They are not legal, financial, tax, regulatory or other professional advice.

You remain responsible for decisions made in your own business or professional context.

11. Limitation of liability

Subject to clause 9, and to the extent permitted by law:

(a) we are not liable for any indirect, incidental, special, consequential or exemplary loss or damage;

(b) we are not liable for loss of profits, revenue, goodwill, opportunity, data, anticipated savings or business interruption, however arising; and

(c) our total aggregate liability to you arising out of or in connection with the Service, any Paid Product and these Terms is limited to the amount you paid us for the relevant Paid Product in the six months before the event giving rise to the liability.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or non-excludable consumer guarantees.

12. Disputes between users

You are responsible for your interactions with other users of the Service.

We have no obligation to become involved in disputes between users but may do so at our discretion.

13. Changes to these Terms

We may update these Terms from time to time.

When we do, we will change the “Last updated” date above.

Where a change materially and adversely affects you, we will give reasonable advance notice by email, a prominent notice on the Service, or another reasonable method.

For subscriptions, material changes will take effect from your next billing period, giving you the opportunity to cancel before they apply.

We will not treat your continued use of the Service as acceptance of a material change where the law requires your affirmative agreement.

Non-material updates take effect when posted.

14. Suspension and termination

You may stop using the Service at any time.

We may suspend or terminate your access where:

(a) clause 2 permits us to decline, suspend or withdraw access;

(b) you breach these Terms;

(c) you fail to pay applicable fees;

(d) we are required to do so by law;

(e) continuing to provide access would create a security, legal or operational risk; or

(f) we discontinue the relevant Service or Paid Product.

Clause 3 governs any refund that may be payable.

Clauses intended to survive termination continue after your access ends, including clauses relating to intellectual property, confidentiality, restrictions on use, payment obligations, disclaimers, limitation of liability, governing law and dispute resolution.

15. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia.

If you are a business customer, you and we submit to the exclusive jurisdiction of the courts of Victoria, Australia.

If you are a consumer, you may bring proceedings in the courts of your country of residence where the law gives you that right, and you keep the benefit of any mandatory consumer protections of that country.

Nothing in this clause deprives you of rights that cannot be excluded by law.

16. General

These Terms, together with our Privacy Notice and any plan-specific or product-specific terms shown at purchase, are the entire agreement between you and BetterBriefs about the Service.

If any provision is found to be invalid, unlawful or unenforceable, the remaining provisions continue in effect.

Our failure to enforce a provision is not a waiver.

You may not assign, transfer or sublicense your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations to a successor in connection with a merger, acquisition, restructure, sale of assets or other corporate transaction.

We are not liable for failure or delay caused by events beyond our reasonable control.

A reference to “including” means “including without limitation”.

17. Contact us

Questions about these Terms should be sent to:

BetterBriefs Pty Ltd
Email: admin@betterbriefs.com
Address: St Kilda VIC 3182, Australia