Terms of service.

Last updated: 26 August 2025

1. Introduction

These Terms of Service (Terms) govern the provision of services by Paint Me Marketing (we, us, or our) to any person or entity (Client or you). By requesting or accepting our services—including advisory sessions, digital strategy, AI integration guidance, training, workshops, reports, or other professional services—you agree to be bound by these Terms. We may update these Terms from time to time; continued engagement with our services means you accept any updates.

We operate in Australia and comply with the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), and all other applicable laws. Nothing in these Terms excludes or modifies your statutory rights under the ACL.

Key Consumer Guarantees:

  • Services must be fit for purpose, provided with reasonable care and skill, and delivered within a reasonable time.

  • If services don’t meet these guarantees, you may be entitled to remedies such as repair, re-performance, refund, or compensation.

2. Definitions

  • Client/you: The person or organisation requesting our services.

  • Services: All consulting, advisory, AI integration, digital strategy, training, workshops, evaluations, reports, and other deliverables we agree to provide.

  • Deliverables: Tangible or intangible outputs resulting from the Services (e.g., reports, presentations, strategy documents, workshop materials, online learning modules).

  • Confidential Information: All non-public information disclosed by either party that is confidential or would reasonably be considered confidential.

  • Intellectual Property (IP): All rights in patents, copyright, designs, trademarks, trade secrets, and know-how, whether registered or unregistered.

3. Scope of Services

We will provide the Services specified in our proposal, engagement letter, or booking confirmation. The scope, deliverables, timeframes, and fees will be set out in writing for each engagement. Only services described in writing are included; any additional tasks requested after commencement will be treated as variations and may incur extra charges.

The Client must provide all necessary information, access, and cooperation for us to perform the Services. We are not liable for delays or failure to perform caused by your failure to provide information or cooperate.

4. Proposals and Bookings

Our proposals are valid for the period stated in the proposal. By accepting a proposal, signing an engagement letter, or booking a session, you are entering into a contract with us on these Terms. We may decline an engagement at our discretion.

5. Fees, Invoicing, and Payment

Fees are set out in our proposal or booking confirmation and are exclusive of GST unless stated otherwise. We will issue a valid tax invoice, and you must pay the invoice plus GST (if applicable) by the due date specified. Late payments may attract an interest or administration fee (2% per month). We reserve the right to suspend or cancel Services for non-payment.

6. Rescheduling, Cancellation, and Refunds

6.1 Consultancy and Advisory Services

If you need to reschedule or cancel a consultancy or advisory session, you must notify us at least 3 business days before the scheduled date. Cancellations after this period may incur a cancellation fee of $100.

6.2 Training and Workshops

  • Registration is confirmed only after payment is received and processed.

  • Cancellations must be notified in writing at least 5 business days before the scheduled date.

  • Cancellations within 5 business days or “no-shows” will not receive a refund, but course materials may still be provided.

  • We may reschedule, postpone, or cancel a workshop due to low enrolments, illness, or unforeseen circumstances. In such cases, we will offer alternative dates, a credit, or a full refund. We are not responsible for travel, accommodation, or other costs incurred by participants.

7. Client Responsibilities

You agree to:

  1. Provide accurate, complete, and timely information as needed.

  2. Ensure your staff/participants act safely and comply with all instructions during our sessions.

  3. Obtain all permissions, licenses, and consents required for us to perform the Services.

  4. Use our deliverables only for your internal business purposes and not for reselling or providing similar services without our written consent.

8. Intellectual Property

We retain ownership of all pre-existing IP and any IP developed independently of the Services. Unless otherwise agreed in writing, new IP created specifically for you will be licensed for your internal business use upon payment of all fees. This licence is non-exclusive, non-transferable, and may be revoked if you breach these Terms.

You retain ownership of your pre-existing IP and any data/materials you provide. You grant us a limited licence to use that IP solely to perform the Services.

9. Confidentiality

Both parties will:

  • Treat each other’s Confidential Information as confidential, not disclose it to third parties, and use it only for performing or receiving the Services.

  • Take reasonable steps to protect Confidential Information.

  • Exceptions apply where disclosure is required by law or information becomes public through no fault of the receiving party.

These obligations survive termination of the contract.

10. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our privacy policy is available on request.

11. Educational and Informational Nature

All information provided in our training, workshops, and advisory sessions is for educational purposes only. It does not constitute legal, financial, or other professional advice. You should seek independent advice for your circumstances. Reliance on our information is at your own risk.

12. Consumer Guarantees and Statutory Rights

If you are a consumer under the ACL, our Services are supplied subject to consumer guarantees. If our Services fail to meet these guarantees, you have rights and remedies that cannot be excluded.

13. Limitation of Liability

To the extent permitted by law and subject to your statutory rights:

  • We are not liable for indirect or consequential loss (e.g., lost profits, business, goodwill, opportunity, or data).

  • Our total liability is limited to the fees paid or payable for the Services, unless otherwise required by law.

  • If we fail to comply with a consumer guarantee, our liability is limited (at our option) to re-supplying the Services or paying the cost of re-supply.

14. Indemnity

You indemnify us against any loss or liability arising from your breach of these Terms or misuse of our deliverables, including any claim that your use infringes a third party’s rights.

15. Termination

Either party may terminate an engagement if the other party materially breaches these Terms and fails to remedy the breach within a reasonable time after written notice. Upon termination:

  • You must pay for all Services delivered up to the termination date and any reasonable expenses incurred by us.

  • Each party must return or destroy the other’s Confidential Information and cease using any materials provided, unless otherwise licensed.

  • We may also terminate immediately if you become insolvent or fail to pay fees when due.

16. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control (e.g., natural disasters, pandemics, war, government restrictions). If such an event continues for more than 30 days, either party may terminate the affected services by written notice.

17. Dispute Resolution

Before commencing legal proceedings (except urgent interlocutory relief), both parties agree to try to resolve any dispute by negotiation. If unresolved after 14 days, either party may refer the matter to mediation by a mutually agreed mediator. If mediation fails, either party may commence legal proceedings.

18. Variations

We may amend these Terms by posting an updated version on our website or notifying you in writing. Updated Terms apply to future engagements. Any variation to a specific engagement must be agreed in writing by both parties.

19. Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights or subcontract our obligations, but remain responsible for performance.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and Australia.

21. Contact Information

If you have any questions about these Terms or wish to exercise your rights, please contact: paintmemarketing@gmail.com

Paint Me Marketing
Website: paintmemarketing.com

Refund Policy

Effective Date: 26 August 2025

Paint Me Marketing provides professional advice, interactive workshops, live and pre-recorded online courses, and downloadable digital courses (collectively, “Services”). We are committed to treating our customers fairly and complying with the Australian Consumer Law (ACL). This policy explains when refunds are available, how cancellations are handled, and how to request a remedy.

1. Your Consumer Rights under Australian Law

Under the ACL, consumers receive automatic guarantees when purchasing products or services. These guarantees cannot be excluded by any policy or contract. In particular:

  • Services: We must deliver services with due care and skill, ensure they are fit for any agreed purpose, and provide them within a reasonable time. If our Services have a major problem (e.g., unsafe, not as described, or not fit for purpose), you may cancel the contract and receive a refund for the unused portion. For minor problems, we will correct the issue within a reasonable time or offer an alternative remedy.

  • Digital Products: Downloadable digital courses cannot be returned in the traditional sense, but they are covered by the ACL. Refunds may be offered if you cannot download the product, it does not function as described, or it fails to meet consumer guarantees. You may be asked to provide evidence of the problem and must notify us within the timeframes set out below.

  • Change of Mind: We are not legally required to provide refunds if you simply change your mind or no longer require the Service. We reserve the right to decline refunds for change-of-mind purchases.

2. General Return & Refund Principles

  1. Transparent Terms: Our refund and cancellation terms are provided at the time of booking or purchase. By proceeding with a payment, you confirm you have read and accepted these terms.

  2. Evidence of Purchase: To request a refund, you must provide proof of purchase (order confirmation, receipt, or invoice). Refunds may be refused without proof of purchase.

  3. Method of Refund: Approved refunds are processed via the original payment method unless otherwise agreed.

  4. Administration Fee: If we are not legally required to issue a refund (e.g., for change-of-mind cancellations), we may deduct an administration fee to cover reasonable costs. No fee is charged where consumer guarantees require a refund.

  5. Timeframes: We aim to assess refund requests within 5 business days and, if approved, process refunds within 10 business days. Delays may occur due to bank processing times.

3. Consulting and Advisory Sessions

3.1 Booking Cancellations or Rescheduling

  • Notice Period: You may cancel or reschedule a consultation by emailing us at least 48 hours before the scheduled start time. With adequate notice, you may either:

    • Receive a full refund (minus any transaction fee charged by our payment processor), or

    • Reschedule once at no additional cost.

  • Late Cancellations (less than 48 hours): A 50% cancellation fee may apply. You may still reschedule once within 30 days if the new time is available. Failure to attend a rescheduled session counts as a completed booking and is non-refundable.

  • No-Show: If you fail to attend without notice or arrive more than 15 minutes late, the session will be deemed delivered. No refund or reschedule will be provided.

  • Our Cancellations: If we must cancel or reschedule your session (e.g., due to illness, emergencies, or technical issues), we will offer you another appointment time. If no suitable time is available, we will refund the session fee in full.

3.2 Service Quality Issues

If you believe the advice session was not delivered with due care and skill or did not meet a purpose we agreed upon, please contact us within 7 days of the session. We may offer an additional consultation at no charge or a partial refund, depending on the extent of the issue.

4. Workshops (In-Person or Virtual)

4.1 Participant Cancellations

  • More than 14 days before: Cancel at least 14 days before the workshop to receive a full refund, less a $50 administrative fee.

  • 7–13 days before: Cancel between 7 and 13 days before the workshop to receive a 50% refund or transfer your booking to another date (subject to availability). Transfers must be requested at the time of cancellation.

  • Less than 7 days: Cancellations within 7 days of the workshop are non-refundable. You may nominate another person to take your place at no additional cost, provided you notify us in writing.

4.2 Event Cancellation or Changes by Us

We reserve the right to reschedule or cancel a workshop due to insufficient enrolments, facilitator illness, or other circumstances beyond our control. If this occurs, we will provide either:

  • A place in an equivalent workshop at a later date, or

  • A full refund of the fees paid, at your choice.

4.3 Workshop Quality Issues

If a workshop is not delivered with acceptable care and skill or fails to meet a stated outcome, you may be entitled to a remedy. Please notify us within 7 days of the workshop’s conclusion, provide details, and we will offer another session, a partial refund, or other solution consistent with the ACL.

5. Online Courses and Digital Courses

5.1 Enrolment and Access

When you enrol in a live or pre-recorded online course or purchase a digital course, you obtain a non-transferable licence to access the content for personal use. Sharing login details or distributing course materials is prohibited.

5.2 Refunds for Online Courses (Live Cohorts)

  • Withdrawal before course starts: Withdraw 7 days or more before the first live session for a refund minus a $50 administrative charge. Withdrawals less than 7 days before commencement are non-refundable, but you may transfer to a future cohort if available.

  • After course starts: Once a live course has begun, refunds are only available if we fail to deliver a major component or if there is a major problem with the service (e.g., a promised module is not delivered). We will offer a pro-rata refund or transfer to a future course.

5.3 Refunds for Digital Courses (Downloadable or On-Demand)

  • Change of Mind: No refunds are offered once access has been provided or downloads have commenced. Please choose carefully before purchasing.

  • Access Issues or Faulty Files: If you cannot download or access the material, or if the content does not match its description, notify us within 14 days of purchase with evidence (screenshots or error messages). We will attempt to resolve the issue. If the problem cannot be rectified, we will provide a refund or replacement.

  • Time-Limited Refunds: Requests made after 14 days from purchase may not be honoured unless required by the ACL.

6. How to Request a Refund, Reschedule, or Cancellation

  1. Contact Us: Email paintmemarketing@gmail.com or use the contact form on our website. Include your full name, order number, date of purchase, the Service purchased, and the reason for your request.

  2. Supporting Information: For digital product issues, attach evidence (e.g., screenshots or error messages). For service quality issues, explain how the Service did not meet the guarantees of due care, skill, fitness for purpose, or reasonable time.

  3. Assessment: We will acknowledge your request within 2 business days. We may contact you for additional information or to arrange a suitable remedy.

  4. Outcome: Once a decision is made, we will provide written confirmation of the remedy (refund, replacement, reschedule, or partial refund) and any applicable administrative fees. If you are not satisfied with our response, you may seek assistance from your local consumer protection agency (e.g., ACCC or Queensland Office of Fair Trading).

7. Fairness, Discretion and Goodwill

We aim to be fair and reasonable. We may choose to waive cancellation fees or offer a refund in circumstances not strictly required under the ACL (e.g., serious illness or compassionate grounds). Each request will be considered on a case-by-case basis.

8. Updates to This Policy

We may update this policy to reflect changes in the law or our business practices. The latest version will always be available on our website. Continued use of our Services after any update constitutes acceptance of the amended policy.

9. Contact Us

If you have any questions regarding this Policy, please contact us at:

Paint Me Marketing
Website: paintmemarketing.com
Email: @paintmemarketing@gmail.com

Location: Queensland, Australia

If you have any questions or need help, please contact us at paintmemarketing@gmail.com