1. Introduction

Welcome to FRE Media, accessible at fremedia.com.au ("Website"). FRE Media ("we," "us," or "our") provides digital marketing services including, but not limited to, paid advertising (Facebook & Google ads), search engine optimization (SEO), social media management, social media content creation, and lead funneling. These Terms and Conditions govern your use of our Website and services.

By accessing our Website or using our services, you acknowledge and agree to these Terms and Conditions in full.

2. Acceptance of Terms

By using our Website and services, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions, including any future modifications. If you do not agree to these Terms and Conditions, please do not use our Website or services. Your continued use of the Website or services following any changes to these Terms and Conditions constitutes your acceptance of those changes.

3. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. Any changes will be effective immediately upon posting to the Website. We will endeavor to provide reasonable notice of any significant changes. Your continued use of the Website or our services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

4. Account Registration and Use

To access certain features of our Website and use our services, you may be required to register an account. When registering an account, you agree to (a) provide accurate, current, and complete information as may be prompted by any registration forms on the Website; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.

5. User Responsibilities

You are responsible for your use of the Website and any services we offer. You agree not to use the Website or services in any way that violates these Terms and Conditions, any applicable laws, or regulations. You further agree not to: (a) distribute viruses or any other harmful computer code; (b) impersonate others or misrepresent your affiliation with others; (c) interfere with the security-related features of the Website; or (d) conduct any illegal activities using the Website or services.

6. Provision of Services

FRE Media offers a range of digital marketing services, including paid advertising, SEO, social media management, content creation, and lead funneling. We strive to deliver these services with the utmost professionalism and skill. However, the exact nature of the services to be provided will be detailed in a separate service agreement or proposal that will be provided to you upon engaging our services.

7. Payment and Fees

Fees for our services will be set forth in the service agreement or proposal provided to you. Payment terms, including any required deposits, payment schedules, and methods of payment, will also be detailed in such agreement. All fees are quoted in Australian Dollars (AUD) and are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties. Failure to make any payments by the due dates may result in suspension or termination of services.

8. Refund Policy

FRE Media is committed to delivering high-quality services. We offer refunds only if the guaranteed results, as explicitly outlined in our service agreement with you, are not met. The criteria for guarantee and the conditions under which a refund may be claimed will be clearly defined in your service agreement. Refund requests must be submitted in writing within a specified timeframe after the completion of the service, as detailed in the service agreement. We reserve the right to verify the validity of any refund request before issuing a refund.

9. Intellectual Property Rights

All content provided on our Website, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of FRE Media or its suppliers and protected by copyright and other intellectual property laws. You agree not to duplicate, reproduce, distribute, or exploit any such content without express written permission from us. Your use of our services and Website does not grant you ownership rights to any intellectual property owned by FRE Media or third parties.

10. User Content

If you, as a user, choose to submit or post any content on the Website, including but not limited to comments, reviews, and social media posts, you agree to grant FRE Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize FRE Media to use all intellectual property rights in and to any user content.

11. Third-party Services and Content

FRE Media may use third-party services, including GoHighLevel and Canva, to deliver our services. Our Website may also contain links to third-party websites that are not owned or controlled by FRE Media. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that FRE Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Privacy Policy Reference

For detailed information about how we collect, use, and share your personal information, please refer to our Privacy Policy, which is incorporated herein by reference. By agreeing to these Terms and Conditions, you also agree to the terms of our Privacy Policy.

13. Disclaimers on Financial and Legal Advice

FRE Media does not provide financial or legal advice as part of our services. Any information provided by FRE Media, through our Website or services, should not be interpreted as legal or financial advice. It is your responsibility to consult with appropriate professional advisors for legal or financial matters.

14. Limitation of Liability

To the fullest extent permitted by law, FRE Media, its officers, directors, employees, agents, licensors, and suppliers, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

15. Indemnification

You agree to defend, indemnify, and hold harmless FRE Media, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, arising from or related to (a) your violation of these Terms and Conditions; (b) your use of and access to the Website or services; (c) any content you post, upload, use, distribute, store, or otherwise transmit through the Website; or (d) your violation of any rights of another. This indemnification obligation will survive the termination of your relationship with FRE Media and your use of our Website or services.

16. Termination of Use

FRE Media reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or services at any time for any reason without prior notice or liability. Conditions that might warrant such termination include, but are not limited to, breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, discontinuation or material modification of the Website or any service offered on or through the Website, and unexpected technical or security issues or problems.

17. Dispute Resolution

Any disputes arising out of or related to these Terms and Conditions or the use of the Website or services shall be resolved through binding arbitration, conducted in accordance with the Australian Arbitration Association's rules, rather than in court. The arbitration shall be conducted in Western Australia, Australia, unless you and FRE Media agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

18. Governing Law

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice or conflict of law provision or rule.

19. Changes to Services

FRE Media reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any services (or any part thereof) with or without notice. You agree that FRE Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any services.

20. Accessibility

FRE Media is committed to ensuring accessibility to our Website and services for individuals with disabilities. We strive to improve the user experience for everyone, adhering to relevant standards and guidelines for accessibility. If you encounter any issues accessing our Website or services, please contact us at [email protected].

21. Feedback and Suggestions

We welcome your feedback, comments, and suggestions for improvements to our Website and services. By submitting feedback, you grant FRE Media a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you without any obligation to you.

22. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the remaining provisions of the Terms and Conditions will continue in full force and effect.

23. No Waiver

No waiver of any terms of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and FRE Media's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

24. Entire Agreement

These Terms and Conditions, together with any documents expressly referred to in them, constitute the entire agreement between you and FRE Media in relation to your use of our Website and services, and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to the use of our Website and services.

25. Contact Information

Should you have any questions regarding these Terms and Conditions, or wish to contact FRE Media for any reason, please email us at [email protected].

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