The Marketing Gym – Website Terms of Use

This website (Site) is operated by the B2C Foundation, a humanitarian, not-for-profit, tax-exempt, non-government community organisation (referred to as B2C, we, our or us), as part of our project known as The Marketing Gym. It is available at: [www.themarketinggym.com.au] and may also be accessible through other addresses or channels.

Consent

By accessing and/or using our Site, you agree to these Terms of Use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out of date.

Licence to Use Our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Accounts

When you create an account on our Site, you agree to the following:

  • You are solely responsible for maintaining the confidentiality and security of your account, including any passwords or sensitive information attached to that account.

  • All personal information you provide to us through your account must be accurate, complete, and up to date, and you agree to update your information if it changes.

  • We reserve the right to suspend or terminate your account if you are using our Site illegally, if you breach these Terms, or if your conduct may harm our reputation or operation.

Payments

We accept payment for subscriptions and services via credit card (and other methods as may be made available from time to time). By providing your payment information, you:

  • Authorise us to charge the applicable fees to your designated payment method;

  • Represent and warrant that you are authorised to use the payment method provided.

If we believe your payment violates any law or these Terms, we reserve the right to cancel, suspend, or reverse your transaction. All prices are listed in Australian dollars (AUD) unless otherwise specified.

Prohibited Conduct

You must not do or attempt to do anything that is unlawful, prohibited by any applicable law, inappropriate, or which might bring us, our Site, or our project into disrepute, including (without limitation):

  • breaching the privacy of any individual (including uploading private or personal information without consent);

  • defaming, harassing, threatening, menacing, or offending any person via our Site;

  • interfering with any user accessing our Site;

  • tampering with or modifying our Site, knowingly transmitting viruses or other disabling features;

  • using our Site to send unsolicited communications;

  • facilitating or assisting a third party to do any of the above acts.

Exclusion of Competitors

You are prohibited from using our Site, including the Content, in any way that competes with our project or the mission of B2C Foundation.

Information Disclaimer

The Content on our Site is general information only. It does not take into account your specific needs, objectives, or circumstances and is not intended as individual advice. While we aim to provide useful resources, we make no representations or warranties about the accuracy, reliability, or completeness of any Content.

Intellectual Property Rights

Unless otherwise indicated, we own all rights, title, and interest (including intellectual property rights) in our Site and all Content. Your use of our Site does not grant you any rights over our Content. You must not, without prior written consent or unless otherwise allowed for (such as in the use of templates made available on our site):

  • copy, reproduce, retransmit, disseminate, sell, publish, broadcast, circulate or exploit any Content; or

  • create derivative works or alter the Content in any way.

User Content

You may be permitted to submit User Content on our Site. By doing so, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use your User Content.

You warrant that:

  • you own the User Content or have the necessary rights and permissions; and

  • the User Content does not infringe any third-party rights.

We do not endorse User Content and may remove it at any time at our discretion.

Third Party Sites

Our Site may contain links to third-party websites. Unless otherwise stated, we do not control, endorse, or approve any third-party content. You use third-party websites at your own risk.

Discontinuance

We may suspend or discontinue our Site (in whole or in part) at any time without notice. We are not responsible for any Liability you may suffer as a result.

Warranties and Disclaimers

To the maximum extent permitted by law, we make no warranties regarding our Site or Content, including:

  • that it will be complete, accurate, reliable or suitable for any purpose;

  • that access will be uninterrupted, error-free or virus-free; or

  • that the Site will be secure.

You use our Site at your own risk.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any loss, damage or expense, howsoever arising, whether direct or indirect, present or future, arising from or in connection with your use of our Site or reliance on the Content.

Indemnity

You agree to indemnify and hold harmless the B2C Foundation and The Marketing Gym against any Liability suffered or incurred arising from your use of our Site or breach of these Terms. This indemnity continues after these Terms end.

Termination

These Terms remain effective until terminated by us. All provisions which, by their nature, should survive termination shall survive.

Disputes

If a dispute arises out of these Terms:

  1. The party claiming a dispute must notify the other party in writing, providing details.

  2. Senior representatives must meet within 7 days to attempt resolution.

  3. If not resolved within 21 days, either party may initiate legal proceedings.

Severance

If any provision of these Terms is invalid or unenforceable, it will be severed and the remaining provisions will remain in effect.

Additional Clauses

Earnings Disclaimer

While we provide marketing resources, tools, and educational content to support your small business efforts, we make no representations, guarantees, or warranties that your business will achieve any specific results or outcomes through the use of our Site or the Content. Your success depends on many factors, including your own efforts, your market, and external circumstances outside our control. You acknowledge that results will vary and that no guarantees of earnings, marketing success, or business growth are made by The Marketing Gym or the B2C Foundation.

Accessibility Disclaimer

We are committed to making our Site accessible to as many users as possible. However, we do not warrant or represent that the Site will be fully compliant with any particular accessibility standards (such as the Web Content Accessibility Guidelines (WCAG)). Access to and use of our Site is at your own discretion and risk. We encourage users with accessibility needs to contact us if assistance is required, and we will do our best to support access where reasonably possible.

Refunds and Cancellations

We do not offer refunds for any subscriptions or paid services. Subscribers may cancel at any time through their account settings. It is the responsibility of the subscriber to manage and monitor their own subscription status. Upon cancellation, access to paid features will remain available until the end of the current billing period.

Jurisdiction:

Your use of our Site and these Terms are governed by international laws. You irrevocably and unconditionally submit to the exclusive jurisdiction of the international courts and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Contact Us

For any questions and notices, please contact us at:

B2C Foundation — The Marketing Gym
Email: marketinggym.smallbiz@gmail.com

Last updated: 26 April 2025