These Terms and Conditions (“Terms”) govern your use of the Topknot Management website available at www.topknotmanagement.com.au (“Site”) our social media platforms

(“Platforms”) and any PR, Communications, Personal Brand Management or coaching (“Services”) provided by Top Knot Management ABN: 13622347545 (“we”, “us”, “our”) to you the client (“Client”, “you”, “your”).

By accessing or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any provision of these Terms, you should discontinue the use of our Website and Services immediately.

1. Changes to Terms

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

2. Eligibility

By using our Site and Services, you represent and warrant that you meet these eligibility requirements.

3. Modifications to the Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. 

4. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5. Disclaimer

Topknot Management provides valuable information including our blogs and other information provided on our website (“Content”). Our Content is intended to offer educational content, personal insights, and practical guidance. All information provided on our Site is intended for general purposes only and is not intended to be professional advice. You are encouraged to consult with appropriate professionals for personalised advice related to your specific circumstances.

6. Coaching Services

6.1 Coaching Nature and Scope

We offer one on one coaching Services to assist clients in developing a strategy to implement themselves. Our coaching Services involve providing clients with strategic guidance and templates, to assist them in developing and implementing personal brand strategies. We do not guarantee specific outcomes or results as the effectiveness of the strategies may vary based on individual efforts and industry dynamics.

6.2 Bookings

Bookings for coaching Sessions can be made via our website or contacting us via dianne@topknotmanagement.com.au.

Initial coaching sessions are 1.5 hours in duration.

6.3 Implementation Responsibility

While we offer guidance, you are responsible for implementing the strategies discussed during coaching sessions. We do not provide ongoing hands-on implementation services unless explicitly stated as a separate service agreement.

6.4 Ownership of Coaching Materials

Any templates, tools, resources, or documents provided during coaching sessions are for personal use only. You are granted a non-exclusive, non-transferable license to use these materials for your own personal development. You are not permitted to distribute, modify, or use these materials for commercial purposes without our explicit written consent.

6.5 Confidentiality

We maintain the confidentiality of all client information shared during coaching sessions. We will not disclose any proprietary or sensitive information discussed without your explicit permission unless required by law.

6.6 Liability Disclaimer

You understand and acknowledge that the success of implementing strategies discussed during coaching sessions depends on various factors, including individual effort and external circumstances. We are not responsible for any results achieved or not achieved using our coaching Services.

6.7 Termination of Coaching Services

We reserve the right to terminate coaching Services for reasons including, but not limited to, non-compliance with our terms and conditions, inappropriate behaviour, or failure to make timely payments.

6.8 Modification of Coaching Services

We may modify, update, or discontinue our coaching Services or materials at our discretion.

We will provide notice to you about any significant changes that may impact your engagement with our coaching Services.

7. PR and Personal Brand Management

We offer personalised brand management and public relations (PR) strategies tailored to the specific needs of each client. This includes the development, execution, and ongoing management of PR and brand strategies aimed at enhancing brand visibility, credibility, and opportunities.

7.1 Cost

After our initial discovery call, we will identify how and where you need our Services. We will present an investment option for you to consider, and payment plans are available.

7.2 Scope of Services

The Services covered may include media outreach, content creation, influencer engagement, partnership facilitation, collaboration efforts, and any other strategies agreed upon. The exact scope will be detailed in a separate service agreement.

7.3 Monthly Retainer Fee

You are required to pay a recurring monthly fee for the retainer Services. The fee will be outlined in the service agreement and covers the Services provided during the designated period. Payment terms, methods, and due dates will be specified in the agreement as well.

7.4 Minimum Commitment and Guarantee

We require a minimum 3-month commitment for our monthly retainer services. It can take a while to gain traction with PR. If after 3 months we (Topknot Management) are not happy with the progress we have made, we will work for the 4 th month free of charge.

7.5 Billing and Invoicing

Invoices for the monthly retainer will be sent to you in advance of the billing period. You are responsible for making timely payments in accordance with the agreed-upon terms. Failure to make payments may result in a suspension or termination of Services.

7.6 Modification of Services

We reserve the right to adjust the Services covered under the monthly retainer based on the evolving needs of your brand and the changing landscape of PR and brand management.

You will be informed of any substantial changes to the Services covered.

7.7 Termination of Retainer Services

You can terminate the monthly retainer Services with prior notice in accordance with the termination policy outlined in our general terms and conditions. We also reserve the right to terminate retainer Services for reasons including but not limited to non-payment and breach of terms.

7.8 Results and Outcomes

While we strive to achieve positive results for our clients, the effectiveness of PR and brand management strategies can vary. We do not guarantee specific outcomes or media coverage, but we commit to providing diligent and professional efforts to achieve agreed-upon goals.

7.9 Confidentiality and Intellectual Property

We will maintain the confidentiality of all proprietary information shared with us by you and any strategies developed for brand management and PR. Ownership and usage rights of materials developed during the retainer will be addressed in a separate agreement.

8. E-Book

8.1 The e-book, including its content, text, images, and any accompanying materials, is the intellectual property of Topknot Management. By downloading the e-book, you are granted a non-exclusive, non-transferable license to access and use the e-book for your personal development and education purposes only.

8.2 You may read, view, and store the e-book on your personal devices for your own reference. This license does not grant the right to modify, reproduce, distribute, sell, sublicense, or otherwise exploit the e-book or its contents for any commercial or non-personal purposes without the explicit written consent of Topknot Management.

8.3 The e-book and its content are protected by copyright and other intellectual property laws. All rights, title, and interest in the e-book, including any associated graphics, text, and materials, remain the sole property of Top Knot Management. You shall not claim ownership, modify, or create derivative works based on the e-book without our permission.

8.4 The e-book is provided for informational and educational purposes only. While we strive to offer valuable insights, we do not guarantee specific results or outcomes based on the information presented in the e-book.

8.5 We make no representations or warranties regarding the accuracy, completeness, or reliability of the information provided in the e-book. You acknowledge that you use the information at your own risk and discretion.

8.6 We reserve the right to modify, update, or remove the e-book from our website at our discretion. You are encouraged to download a copy of the e-book for your personal use, as its availability may change in the future.

9. Results and Outcomes

9.1 You understand and acknowledge that the success of our Services, including coaching, personal brand management, and PR strategies, is influenced by a variety of factors, including individual effort, external market conditions, and industry dynamics. While we provide guidance, strategies, and resources, we do not guarantee specific results, outcomes, or achievements as a direct result of our Services.

9.2 We make no representations or warranties, express or implied, regarding the outcomes, benefits, or results that may be achieved by using our Services. Any testimonials or examples provided on our website are not indicative of guaranteed results and should be considered as individual experiences.

9.3 In no event shall Topknot Management, its employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our Services, materials, or content.

9.4 Our Services, including coaching and strategies, are intended to provide guidance and support to clients. It is important for clients to seek professional advice and conduct their own due diligence before making any significant business decisions based on the information provided through our services.

9.5 You are responsible for your own decisions, actions, and implementations based on the information, strategies, and guidance provided by us. We do not assume responsibility for the consequences of decisions made by you based on the use of our Services.

10. Confidentiality

10.1 Client Information and Coaching Sessions

Both Topknot Management and you acknowledge and agree that any information shared by the client during coaching sessions is considered confidential. This includes personal, business, or proprietary information disclosed during the coaching relationship. We are committed to maintaining the confidentiality of this information. We will not disclose, share, or use any confidential client information for any purpose other than providing coaching services to the client. Confidential information shall be kept strictly confidential and shall not be shared with third parties without the client's explicit consent, except as required by law.

10.2 Proprietary PR and Brand Management Information

Both Topknot Management and you acknowledge and agree that any proprietary business information, strategies, techniques, processes, or methodologies shared by us related to PR and brand management are considered confidential. We will take measures to safeguard and protect this proprietary information from unauthorised disclosure.

10.3 Duty of Confidentiality

Our staff are bound by a duty of confidentiality and shall not disclose any confidential client information or proprietary PR and brand management information to third parties, except as required by law or with your written consent.

10.4 Data Security

We maintain reasonable measures to protect the security of confidential information shared during coaching sessions. However, we cannot guarantee the security of information transmitted over the internet or stored electronically. You are responsible for taking precautions to protect your own information.

10.5 Permitted Disclosures

We may disclose confidential information to our employees, contractors, or agents on a need-to-know basis to provide coaching Services. These parties are also bound by confidentiality obligations.

10.6 Limitations

This confidentiality clause does not apply to information that is publicly available or becomes known to us through sources other than you, or to information that we are required to disclose by law.

The obligations of confidentiality outlined in this clause shall survive the termination of the coaching relationship or engagement with our Services.

11. Cancellations and Refunds

11.1 Cancellation of Services

You may cancel your engagement with our Services at any time by providing written notice to us within 14 days of cessation. Cancellation requests should be sent to the designated contact details specified on our website or in our communications.

11.2 Refunds

Refunds for cancelled services are subject to the following terms:

If cancellation occurs 14 days or more before the scheduled coaching session, you are eligible for a full refund of any prepaid fees, less any non-refundable deposit or administrative charges specified in the service agreement.

If cancellation occurs less than 14 days before the scheduled coaching session, you may be eligible for a partial refund at our discretion, taking into account any costs already incurred in preparation for the session.

11.3 Requesting Refunds

To request a refund, you should contact us in writing, explaining the reasons for the request.

Refund processing times may vary and are subject to our internal review and assessment.

Approved refunds will be processed using the same method as the original payment.

If the original payment method is no longer available or applicable, an alternative refund method may be used at our discretion.

Please note that this refund policy is in addition to any rights and remedies you may have under the Australian Consumer Law.

If you have any questions or require further clarification about our refund policy, please contact dianne@topknotmanagement.com.au

12. Indemnification

You agree to defend and hold harmless Topknot Management, its employees, agents, and affiliates from any claims, damages, losses, or liabilities arising from your use of our

Services, breach of terms, violation of any applicable laws or regulation, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

13. Blog Content

13.1 The content published on our blog, including articles, posts, images, videos, and any other materials, is the intellectual property of Topknot Management. You may access and read the content on our blog for personal, non-commercial use only.

13.2 While we make every effort to provide accurate and informative content, we do not guarantee the accuracy, completeness, or reliability of the information presented in our blog articles. The content is intended for general informational purposes and should not be considered as professional advice.

13.3 You may not modify, reproduce, distribute, or publish the content from our blog without our explicit written consent. Any unauthorised use of our content is prohibited.

13.4 Our blog articles may contain links to external websites for reference purposes. We do not endorse or control the content of these external websites, and we are not responsible for their accuracy or practices. Visiting external links is at your own risk.

13.5 We reserve the right to modify, update, or remove blog content at our discretion without prior notice. We may also change the topics, format, or availability of the blog articles.

13.6 We disclaim any liability for any damages, losses, or claims arising from your use of our blog content. The content is provided "as is," and we make no warranties, representations, or guarantees regarding its fitness for a particular purpose.

13.7 The content, articles, images, videos, and materials published on this blog are protected by copyright laws in Australia and under international copyright conventions.

Reproduction, distribution, modification, or any unauthorised use of the content without the explicit written consent of Top Knot Management is prohibited and may result in legal action.

13.8 You may access and read the content on this blog for personal, non-commercial use

only. Any reproduction, distribution, or use of the content beyond these terms requires the prior written permission of Top Knot Management.

14. Limitation of Liability

14.1 You understand and agree that the outcomes and results achieved through our services, including coaching, personal brand management, and PR strategies, may vary based on individual efforts, external factors, and industry dynamics. We do not guarantee specific results, outcomes, or achievements.

14.2 We make no representations or warranties regarding the accuracy, completeness, or reliability of the information provided through our services, including coaching sessions, materials, and content. You acknowledge that they use this information at their own risk.

14.3 Our services are intended to provide guidance and strategies. You are responsible for seeking professional advice and conducting your own due diligence before making any significant business decisions based on the information provided.

14.4 You acknowledge that our Services do not guarantee any specific results or outcomes.

By participating in our Services, you acknowledge and agree to the limitation of liability provision stated below. You acknowledge that it is your responsibility to assess the suitability of the Services and to use them at your own risk.

14.5 You understand and agree that Top Knot Management is not responsible for any direct, indirect, incidental, or consequential damages that may arise from participating in our Services, including but not limited to:

a) Any reliance on the information or guidance provided;

b) Any actions or decisions made by you based on the information or guidance provided.

14.6 Topknot Management shall not be liable for any damages, losses, or injuries arising out of or in connection with your participation in our Services, to the fullest extent permitted by law.

14.7 You agree to indemnify and hold harmless Topknot Management from any claims, damages, or liabilities arising out of or in connection with our Services, including any claims brought by third parties.

14.8 We shall not be held liable for any delays, interruptions, or failures in the provision of Services due to external circumstances beyond our control, including but not limited to acts of nature, technical issues, or third-party actions.

14.9 The total liability of Topknot Management whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the Service.

15. Website Intellectual Property

Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all content, materials, and resources provided on

our Site and through our Services, including but not limited to blogs, text, graphics, images, logos, and trademarks. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content.

You may view this Site and its Contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) you must not copy or use, in whole or in part, any Content; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content. Unauthorised use of any content from this Site may violate copyright trademark, and other applicable laws.

16. User Content

You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on our Site and/or our social networks (“Networks”). By making available any User Content on or through our Site and/or Networks, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site and/or networks.

You agree that you are solely responsible for all User Content that you make available on or through our Site and/or Networks. You represent and warrant that:

a. You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents, and releases that are necessary to grant to us the rights in such

User Content (as contemplated by these Terms); and

b. Neither the User Content nor the posting, uploading, publication, submission ortransmission of the User Content or our use of the User Content on, through or by

means of our Site and/or Network will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

17. Termination

17.1 Termination by you

You may choose to terminate your participation in our Services at any time by providing us with written notice via email explaining the reasons for the request and providing 14 days notice. All refund or partial refund requests are subject to our internal review and assessment.

17.2 Termination by us

We reserve the right to terminate your access to our Services, without prior notice, in the following circumstances:

a) Violation of the terms and conditions, including but not limited to intellectual property infringement, unauthorised sharing, or distribution of materials, or engaging in any prohibited activities;

b) Any other breach of the terms and conditions or applicable laws.

17.3 Consequences of Termination

Termination by you does not entitle you to a refund unless otherwise specified in our refund policy.

17.4 Effect of Termination

The provisions regarding intellectual property rights and limitations of liability shall survive termination.

18. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 

19. Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

20. Third-Party Links

Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

21. Client Testimonials and Reviews

We may request and collect testimonials or reviews from you regarding your experience with our services. We always gain your express consent before using your testimonial. By providing a testimonial or review, you understand and agree that:

a) Your testimonial or review may be used for promotional or marketing purposes on our website, social media platforms (including but not limited to Facebook, Instagram),

advertisements, or any other promotional materials.

b) We may use your testimonial or review in its entirety or in part, and we reserve the right to edit or modify it for clarity, length, or any other necessary purpose.

c) Your testimonial or review may include personal information such as your first name, initials, or general geographic location. However, we are committed to protecting your privacy, and we will take reasonable steps to ensure that any personal information shared in testimonials or reviews is anonymised or used with your explicit consent.

d) You retain the right to withdraw your consent for the use of your testimonial or review at any time. To do so, please contact us at dianne@topknotmanagement.com.au We will promptly remove or anonymise your testimonial or review from our promotional materials, as applicable.

e) Please be aware that any testimonial or review you provide is voluntarily given and that you have the legal right and authority to grant the rights and licenses outlined in

this clause.

f) Please note that testimonials or reviews provided by customers are individual experiences and may not reflect the experiences of others. We do not guarantee the accuracy, completeness, or usefulness of any testimonials or reviews posted.

g) By using our services and providing a testimonial or review, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this clause.

22. Prohibited Conduct

a) You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring

us or our Site into disrepute, including (without limitation):

b) Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

c) Using our Site to defame, harass, threaten, menace or offend any person;

d) Interfering with any user using our Site;

e) Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without

limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

f) Using our Site to send unsolicited email messages; or

g) Facilitating or assisting a third party to do any of the above acts.

23. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

24. Warranties and Disclaimers

a) We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.

The site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

b) We do not guarantee that any files available for downloading from the platform will be completely free from viruses or other harmful computer code.

25. Limitation of Liability for use of the Site

To the maximum extent permitted by law, Top Knot Management, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.

26. Severability

If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable.

If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.

27. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

28. Interpretation

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

29. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

30. Governing Law

Your use of our Site or our Services are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia 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 internationally. 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 of Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

31. Contact

Any questions or complaints relating to these Terms, or our Services should be directed to our owner/director by emailing dianne@topknotmanagement.com.au

Last Updated August. 2023