THE COPY CAT PHRASE FINDER – CUSTOMER ACCESS LICENCE AGREEMENT
IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT YOU MUST NOT CLICK “I ACCEPT” AND YOU MAY NOT USE THE PROGRAM.
This Customer access agreement is a legal agreement between us and you (either an individual or a single legal entity). These terms and conditions are the terms on which this website https://www.copycatchy.com (the “Site”) is made available to you (“You”/”Your”). Use of the program is offered only on the condition that you read and accept all the terms of this agreement. By clicking “I accept” at the end of these terms and conditions, you will accept them and become bound by them.
1. Grant of license
This agreement authorises the subscriber to access and to use the Copy Cat Phrase Finder Program (‘the Program’) and all other programs in the same domain as the Program in accordance with the provisions of this license.
2. Your obligations
The licensee hereby undertakes the following obligations:
(a) You must not download, copy, reproduce, republish, modify, post, sell, reuse, translate, distribute, broadcast or circulate the Program to any third party without our prior written consent. You further agree not to combine or integrate the Site and the Services (including downloadable tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site and Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and Services is compiled or interpreted and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms;
(b) supervise and control the use of the Program in accordance with the terms of this licence;
(c) ensure your employees, sub-contractors and other agents to whom you give access to the program are made aware of the terms of this licence;
(d) not provide or otherwise make available the Program in any form to any person other than those referred to in paragraph (c) without our prior express written consent;
(e) not use the program other than in connection with your own business.
(f) any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
3. Warranties and limitations
(a) We warrant that the Program will in all material respects perform in accordance with the information contained on our website.
(b) You acknowledge that the Program cannot be guaranteed error free and that the existence of any such errors will not constitute a breach of this licence or entitle you to make any claim against us.
(c) If any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply except that our liability for breach of any such implied term will be limited, at our option, to the replacement of the services to which the breach relates or the supply of equivalent services.
(d) Except as expressly provided to the contrary in this agreement, we will not be liable to you or to any person claiming through you for any loss or damage, including special, indirect or consequential damages (such as loss of profits) arising from any breach of this licence or from the supply of a defective program.
(e) You acknowledge that you have exercised your own independent judgment in the use of the Program and have not relied on any representation which we have made or upon any descriptions or illustrations or specifications contained on our website or in any document or publicity material other than to the extent that same is expressly contained in this agreement.
You acknowledge that the Program is the subject of copyright. You will not during or any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the program except as expressly authorised by this agreement.
You will indemnify us fully against all liabilities, costs and expenses which we may incur to a third party as a result of your breach of the copyright provisions of this licence.
5. Term of licence
(a) This licence commences upon successful payment and accurate completion of the registration form.
(b) The licence may be terminated in the following circumstances:
(i) if you breach any term of this agreement
(ii) if you, being a corporation, becomes the subject of insolvency proceedings;
(iii) if you, being a firm or partnership, is dissolved;
(c) Termination pursuant to this clause will not affect any rights or remedies which we may have otherwise under this licence or at law.
You cannot assign, sublicence or otherwise deal with your rights under this agreement in any way without our prior express written consent.
Failure or neglect on our part to enforce at any time any of the provisions of this agreement will not be construed or deemed to be a waiver of our rights under this licence.
8. Governing Law
The licence will be governed by and construed according to the law of New South Wales.
9. Subscription Fees
The Copy Cat charges subscription fees to use parts of this site. You must pay the subscription fees to become a Member and have an account to utilise these areas. If you are paying the subscription fees or other fees in a foreign currency, your financial services provider may require you to pay foreign currency conversion charges in addition to the Copy Cat’s fees, and these charges are your responsibility.
IF YOU ARE A MEMBER, YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE.
When you sign up to a monthly or yearly recurring plan, your subscription will commence on that date (“Commencement Date”). All purchases are processed securely via our third party payment gateway providers. You must refer to their terms and conditions for additional information. All transactions are handled over SSL and are PCI-Compliant. Any financial information you provide to our website is not held by The Copy Cat Phrase Finder Pty Ltd, it is directed to our billing agents who ensure the highest security for the processing of your credit/debit card transactions. Data is encrypted for the customer’s safety. The Copy Cat Phrase Finder Pty Ltd cannot be held responsible for a security failure originated with our billing agents or other suppliers.
You must pay the monthly or yearly fee prescribed on the Website at the commencement date of your subscription. This fee is an upfront fixed charge which entitles you to access any subscription-only area of the Website for the length of your subscription from the date you subscribed.
You must notify us of any change to your payment method. The Copy Cat will assume your payment method is correct and will continue to bill subscription fees and charges relating to your Subscription by your nominated payment method. If any subscription fees billed to your account are not processed for any reason we may suspend your subscription until payment is made in full.
The Copy Cat reserves the right to vary the subscription fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect. If you do not cancel your subscription before your next billing cycle, you will be deemed to have accepted the variation.
By purchasing a Casual, Pro Single, Pro Multi or Agency monthly subscription, you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate (as prescribed on the Pricing & Plans section of the website), and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.
Automatic monthly renewal terms: once you subscribe to The Copy Cat Program, The Copy Cat Phrasefinder Pty Ltd will automatically process your monthly subscription fee in the next billing cycle. The Copy Cat will continue to automatically process your monthly subscription fee each month at the then-current monthly subscription rate, until you cancel your subscription. To learn how to cancel your monthly subscription, read the section ‘Cancellation Policy’ in these terms and conditions.
By purchasing a Casual, Pro Single, Pro Multi or Agency annual subscription, you agree to an initial pre-payment for one full year of service, recurring annually thereafter until you cancel your subscription. You may cancel your annual subscription at any time, subject to the terms of our cancellation policy.
Automatic annual renewal terms: once you subscribe to The Copy Cat Program, The Copy Cat Phrasefinder Pty Ltd will automatically process your annual subscription fee in the next billing cycle. The Copy Cat will continue to automatically process your annual subscription fee each year at the then-current annual subscription rate (as prescribed on the Pricing & Plans section of the website), until you cancel your subscription. To learn how to cancel your monthly subscription, read the section ‘Cancellation Policy’ in these terms and conditions.
You may cancel your monthly or yearly subscription at any time by logging into your account, navigating to your profile page and following the prompts to cancel your subscription.
We do not offer refunds or credits for unused subscription periods outside the trial period specified below, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
Unless you cancel or opt out of automatic renewal of your subscription before the expiry of your subscription, your subscription will be automatically renewed at the then-current subscription rate. Depending on the cancellation option you choose – i.e. cancelling recurring payments – you will continue to have access to the Copy Cat website for the remainder of your billing period.
If you are dissatisfied for any reason, or need help cancelling your subscription please contact us at firstname.lastname@example.org
All refund requests must be made within 7 days of the plan’s Commencement Date for both monthly and yearly recurring subscriptions, and refunds will be issued at our sole discretion. We accept no responsibility to refund credit on client accounts from payments made erroneously.
11. Copywriting Services
Content is ordered and delivered to the client through our website or via email. Each order must include specific details about the exact nature of the client’s requirements. It is the client’s responsibility to ensure that the information provided is an accurate reflection of their requirements. Any disputes arising from content delivered will refer back to the original details provided by the client.
While we take reasonable measures to ensure the quality of our work, we cannot guarantee perfection and we are not responsible for omissions or errors in your copy. Your use of any copy provided to you by The Copy Cat Phrase Finder Pty Ltd is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that the copy provided is checked carefully before publication and meets your specific requirements.
While we make every effort to meet the scheduled turnaround for our copywriting service, in rare cases, circumstances beyond our control may make it impossible to do so. Such circumstances include technical failures or unexpected changes in the personal circumstances of The Copy Cat copywriter. In purchasing this service, you acknowledge that in rare cases, copy may be delivered later than the scheduled turnaround time. In such circumstances, we may offer a partial or full refund, at our sole discretion, however, we accept no responsibility for any damages or losses incurred due to any such late delivery.
It is agreed that it is the responsibility of the client to ensure that all text, briefs, information, logos, photographs or image files used to describe the client’s product/service are provided to The Copy Cat Phrase Finder Pty Ltd, as reasonably requested, in order to complete the project successfully. The client accepts that any delay in providing information that The Copy Cat has requested or any delay in communications that The Copy Cat experiences in dealing with the client, may result in completion and deadline delays for the project, for which The Copy Cat Pty Ltd cannot be held liable.
Once The Copy Cat Phrase Finder Pty Ltd has provided copy to you for review, you must, within 5 business days, advise The Copy Cat Phrase Finder Pty Ltd of any changes required as a result of the review. If no changes are requested within this time then the copy will be taken to have been completed, approved, and accepted, and the client will be invoiced accordingly.
Payment for invoiced copywriting services are to be made online through The Copy Cat website via credit/debit card and PayPal, or via bank transfer. The client is responsible for any payment fees incurred, including PayPal charges and international transfers. Account information and payment instruction is included within all invoicing.
In the event that a project has been posted and cancelled after work has commenced, you will be obliged to pay for all work completed to date within 30 days. You do not have the right to withhold or reduce payment based on your critical response to, or appraisal of, the copy we write for you. If, when you see a draft, you are dissatisfied with any work we have produced for you, we will do our best to resolve your concerns.
All refund requests must be made within 30 days of payment and refunds will be issued at our sole discretion. We accept no responsibility to refund credit on client accounts from payments made erroneously.
12. Prepaid Proofreading service (up to 300 words)
The prepaid proofreading service is a surface-level check that identifies misspellings, incorrect/missed punctuation, grammar errors, text and numerical inconsistencies and incorrect word usage. The proofreader may, depending on the length of the copy and whether time permits, suggest improvements to word choice, highlight inconsistencies, revise sentences for clarity, adapt tone, reorganize paragraphs and sentence structure and improve the overall quality of writing.
Payment in full is to be received via our third party payment gateway providers before any work will commence. Your completed work will be returned to you electronically, via email or via The Copy Cat website. No hard copies will be provided. It is your responsibility to ensure that your Member details are correct on The Copy Cat website and/or you provide a correct email address so that we can return your work.
Proofreading completion times/delivery
While we make every effort to meet a 24-hour turnaround for our prepaid proofreading service, in rare cases, circumstances beyond our control may make it impossible to do so. Such circumstances include technical failures or unexpected changes in the personal circumstances of The Copy Cat proofreader. In purchasing this service, you acknowledge that in rare cases, proofread/edited copy may be delivered later than the scheduled turnaround time. In such circumstances, we may offer a partial or full refund, at our sole discretion, however, we accept no responsibility for any damages or losses incurred due to any such late delivery. We reserve the right to extend the turnaround time if the proofreader believes that the copy in question requires a higher number of amendments than is standard, which will require additional time to complete.
Refunds and partial refunds may be offered, at our sole discretion, in certain circumstances, provided you can supply valid reasons for dissatisfaction with the service you have received. We reserve the right to take action to address any concerns you may raise before offering to provide a refund.
Limitation of liability
The Copy Cat’s aim is to reduce the number of errors present in your copy and provide editing suggestions according to our experience. While we take reasonable measures to ensure the quality of our work, we cannot guarantee perfection and we are not responsible for omissions or errors in your copy. It is your responsibility to check all documents carefully before publication.
By purchasing The Copy Cat proofreading service, you acknowledge that proofreading is subjective and you accept sole responsibility for the use of any version of your proofread document for any purpose (publishing online, submitting to clients, or printing). This includes, but is not limited to, any financial, brand, and other consequences of any such errors.
In no circumstances will The Copy Cat Phrase Finder Pty Ltd be liable for any indirect, special, or consequential damages, including any loss of business, revenue, customers, or data, in relation to your use of this Website or any material returned to you by us.
If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.