The following Terms and Conditions constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and CJC ENT Pty Ltd also trading as CocoSocial (“CocoSocial”) (“we”, “us”) (A.B.N. 91616933033) and contain the terms and conditions that apply to your access and use of The Services provided by Us.
1.1 Please read these terms and conditions (the “Terms”) carefully. By accessing our website: http://www.cocosocial.co, you signify that you agree with these terms and conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use, or access (or continue to use or access) the Website
1.2 CocoSocial reserves the right to modify this Agreement and/or the Policies (and update The CocoSocial Web Page on which they are displayed) from time to time. A date stamp will be applied at the top of the page therefore it is important that you check this page regularly. Your continued use of the website and your purchase or engagement with CocoSocial indicates you agree to all Terms set forth herein.
2. Service Description
2.1 CocoSocial provides clients with social media management services including (but not limited to):
2.1.1 Custom social media packages;
2.1.2 Social media marketing;
2.1.3 Social media advertising;
2.1.4 Social media growth strategies;
2.1.5 Social media online courses; and
2.1.6 Other association social media services.
2.2 Clients of CocoSocial will be provided with a draft for all content created. The Client is responsible for accepting and checking all content for accuracy and legality provided by CocoSocial, prior to publishing.
2.4 Business hours for CocoSocial are: Monday to Friday, 9:00am - 5:00pm.
2.5 The Client acknowledges that from time to time, CocoSocial may engage contractors to assist in project work.
4.1 This Website, including associated social media profiles, may contain links to third party websites. The inclusion of a link does not imply that CocoSocial endorses, has investigated or verified the linked websites. They are provided on an ‘as is’ basis.
5. User’s Obligations
5.1 You agree that at all times that:
5.1.1 You will comply with this Agreement (including all CocoSocial Policies) and all applicable laws and regulations; and
5.1.2 You will not use CocoSocial or any of its related services for any illegal or immoral purpose; and
5.1.3 You will provide accurate information, to the best of your knowledge; and
5.1.4 You will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.
6.1 Full Payment of services and/or products from CocoSocial will be in Australian Dollars (AUD).
6.2 Full Payment will be made via Electronic Funds Transfer (EFT) and Credit Card (Visa/Mastercard) or PayPal (Credit Card and Paypal are subject to an additional 1.5% surcharge).
6.3 Full and punctual advanced payment is required prior to the product being dispatched, or the service being delivered. Services will be delivered within a 30 day time frame unless stated otherwise.
6.4 All prices displayed of products or services are advertised on the Website. These can be changed without notice.
6.5 In the event CocoSocial is required to recover any unpaid costs:
6.5.1 All legal costs involved with recovery will be paid by the Client, on an indemnity basis; and
6.5.2 Where the account is referred to a collection agency, collection costs associated with the collection agency will be added to the balance outstanding and will be paid by the Client.
7. Intellectual Property
7.1 The information, blogs, text materials, course materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of CocoSocial Website and or any of its Platforms are protected by copyright, trademark and other intellectual property laws.
7.2 If images or information from CocoSocial are shared on social media platforms including but not limited to Pinterest, Instagram or Facebook, they must be credited and linked back to CocoSocial via its website: www.cocosocial.co.
7.3 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so in writing by CocoSocial. Content provided to you by CocoSocial are to be used for personal purposes only, and not for profit or commercial purposes.
7.4 Where CocoSocial suspects that a Client is using its information or intellectual property for commercial purposes, we reserve the right to take appropriate legal action.
8.1 Pursuant to relevant Australian Consumer Laws, CocoSocial agrees to provide our services with due care and skill; and note that we meet a level of professional skill or knowledge to deliver the Services that we provide.
8.2 Refunds will be provided to Clients where an accidental duplicate payment has been processed either on the fault of the Client or CocoSocial.
8.3 We cannot provide a refund where a Client has changed their mind(s) about our services.
8.4 Other cancellations and refunds will be at the full discretion of CocoSocial.
8.5 A refund offer of credit for other services or products of CocoSocial may be offered to clients by CocoSocial’s discretion.
9. No Warranties
9.1 To the extent permitted by law, CocoSocial does make any warranties of any kind, either express or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including but not limited to, warranties of merchantability or fitness for purpose and all such warranties are hereby excluded.
9.2 CocoSocial agrees to use all reasonable efforts to provide the Services. You acknowledge and agree that nothing in this agreement shall constitute by CocoSocial as an express or implied warranty or guarantee:
9.2.1 That the Services will be free from external intruders, virus or worm attack, denial of service attack, or other persons having unauthorised access to services or systems of CocoSocial
9.2.2 As to the outcomes that may be obtained from use of the Services provided by CocoSocial;
9.2.3 As to any increase in revenue, profit or goodwill that may be obtained as a consequence of the Services provided by CocoSocial;
9.2.4 As to the accuracy, reliability or content of any information provided through the Services.
10. Availability, Errors and Inaccuracies
10.1 As we are constantly updating our products and service offering, there may be times we may experience some delays in updating information on our services or product page, and in our advertising on other websites. There may be instances where there may be errors or inaccuracies found on our web page that may not be complete or current, or if products or services are mis-priced, described inaccurately, or unavailable.
We cannot guarantee the accuracy or completely of any information found on our website.
10.2 We reserve the right to change or update the information and to correct errors, inaccuracies, or omissions at any time without prior notice
11.1 The Client shall make all reasonable efforts to provide needed information, materials and approvals to Coco Social in a timely manner.
11.2 Parties should in writing, inform the other party using all reasonable efforts, should a delay occur.
11.3 The Client understands that any delays by the Client will result in a day for day extension of the due date for all deliverables.
11.4 Delays beyond the control of both parties (including but not limited to natural disasters, acts of government after the date of agreement, power failure, etc) shall not be considered a breach and will result in a day for day extension of any performance or deliverable due.
12.1 All material considered confidential by either party shall be designated as confidential.
12.2 Such confidential information shall not be disclosed to third parties and shall only used as needed to perform this agreement.
13.1 CocoSocial nor any of its officers, be liable to you or anyone for any delays, errors, omissions, any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economy, consequential or punitive damages or any legal costs arising out of, or in connection:
13.1.1 the use of the CocoSocial website;
13.1.2 The use of information provided by you through CocoSocial on its website and/or its platforms; or
13.1.3 The use of any products and/or resources provided to you by CocoSocial;
13.1.4 You or anyone else being unable to access CocoSocial for any reason.
13.2 You acknowledge that materials on the CocoSocial website may contain technical, typographical or photographic errors.
13.3 CocoSocial do not make any commitment to update the materials.
13.4 You indemnify CocoSocial harmless from any and all claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable legal costs and expenses which may arise directly or indirectly as a result of any promise, representation, warranty, act, omission or obligation of CocoSocial in respect of the provision of the Services to You; use of the Services, resources or products to You; and/or any breach of this agreement by You.
13.5 CocoSocial makes no guarantee as to the availability or suitability of services, or information on this site or to its materials.
13.6 CocoSocial nor any of its officers will be liable to you or anyone for any defamatory, infringing, offensive or material found in connection with the use of CocoSocial, including such conduct or material transmitted by means by any other person.
14. Disputes and Mediation
14.1 If the Client has a complaint or concerns about the website, please contact CocoSocial directly through firstname.lastname@example.org.
14.2 Where disputes have occurred, mediation will be the first cause of action, if communications between the Client and Coco Social to attempt to resolve the dispute has exhausted.
14.3 All legal/mediation/arbitration fees associated with a dispute raised by the Client will be at the expense (in full) of the Client.
15. Choice of Law
15.1 The agreement herein is governed by the law in force in the State of Victoria and you any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Conditions.
16. Law Enforcement
16.1 CocoSocial reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, which violate any applicable or relevant law.