Terms of Service

BRAG.CLUB

USER TERMS AND CONDITIONS

The Measured Marketer Pty Ltd ABN 24 616 031 102
Trading as BRAG.CLUB
Website: https://www.brag.club
Privacy: https://www.brag.club/privacy-terms
Contact: [email protected]

Effective date: 1 October 2026

These Terms operate as BRAG.CLUB's master user terms across its current and future products, resources, programs, events and community. Our Privacy Policy, Community Code of Conduct and any specific terms shown at checkout, registration or booking may also apply.

About these Terms

1.1 These User Terms and Conditions (Terms) are between The Measured Marketer Pty Ltd ABN 24 616 031 102, trading as BRAG.CLUB (BRAG, we, us or our), and the person or entity that visits our website, creates an account, joins our community, registers for, accesses or purchases an Offering (you or your).

1.2 Offering means any product, content, membership, community, event, program, service or resource supplied by BRAG, whether free or paid. This includes books and publications, digital downloads, the BRAG Audit and other assessment tools, the CEO Toolkit and other toolkits, templates and resources, courses, workshops, webinars, events, recordings, BRAG.CLUB membership and community features, AI-enabled features, and future BRAG products or services.

1.3 BRAG Content means the content and intellectual property described in clause 6.1.

1.4 Authorised User means an individual authorised to access an Offering, whether they purchased it themselves or access was purchased or allocated to them by a business or other organisation.

1.5 Separate consulting, agency, research, strategic marketing, fractional CMO or other professional services provided by The Measured Marketer may be governed by a separate proposal, scope or services agreement. If so, that agreement governs those services.

1.6 Product-specific terms may be shown on a sales page, checkout, booking page, registration form or invoice. They form part of your agreement with us and prevail for that Offering to the extent of any inconsistency with these Terms.

1.7 Our Privacy Policy explains how we handle personal information. Members of the BRAG.CLUB community must also comply with the Community Code of Conduct. These documents form part of the framework governing your use of the relevant Offering.

1.8 You accept these Terms when you place an order, register, create an account, click an acceptance box, access or download an Offering, attend a paid or free session, join a BRAG community or otherwise use an Offering after having a reasonable opportunity to review these Terms. If you act for a business or organisation, you confirm that you have authority to do so.

1.9 You must be at least 18 years old and have legal capacity to enter into these Terms, or access the relevant Offering under the authority and responsibility of a person or organisation legally able to enter into these Terms.

Orders, payment, subscriptions and access

2.1 The description, inclusions, price, access period, timing and delivery method for an Offering will be stated before purchase or registration. We may decline or cancel an order before acceptance for a genuine pricing error, stock issue, suspected fraud, duplicate order or technical problem. If we have taken payment and do not accept the order, we will refund that payment.

2.2 Unless stated otherwise, prices shown to Australian customers are in Australian dollars and include GST where GST applies. Business proposals or invoices may state prices exclusive of GST if clearly identified.

2.3 Payment may be processed by third-party payment providers. Their terms and privacy practices also apply to their processing of your payment.

2.4 If an Offering is sold as a recurring subscription or membership, the billing frequency and price will be disclosed before you subscribe. Unless stated otherwise, it will renew automatically until cancelled.

You may cancel future renewals using the method provided in your account or product-specific terms. Unless otherwise stated before purchase, cancellation takes effect at the end of the billing period already paid for. You may continue to access the Offering until then.

Cancellation stops future billing but does not itself create a right to a refund for a billing period already commenced, subject to your rights under applicable law.

2.5 If we propose to increase the price of an ongoing paid subscription or membership, we will give reasonable advance notice before the increased price applies to your next renewal. You may cancel before the increased price takes effect.

2.6 If we expressly offer you a founding-member or other protected membership rate, that rate will continue on the terms stated when it was offered for so long as the relevant membership remains continuously active and in good standing.

If that membership is cancelled or allowed to lapse, the protected rate may no longer be available. A protected rate does not require us to continue operating a particular Offering indefinitely, and clause 9.3 applies if an Offering is discontinued.

2.7 Some Offerings require an account or login. You must keep login details secure and must not share an individual login unless the Offering expressly permits shared access. Where an Offering is sold by seat, user or licence, access is limited to the number of Authorised Users purchased.

2.8 A business or organisation may purchase or pay for access for an Authorised User. Unless otherwise stated:

(a) the access is for the individual Authorised User and must not be shared;

(b) the purchasing organisation may request that an unused or vacated seat be reassigned to another Authorised User, subject to the relevant Offering and reasonable administrative requirements; and

(c) payment by an organisation does not by itself entitle that organisation to access an Authorised User's private messages, private community activity, individual Audit or assessment results, or other information treated as private under the relevant Offering or our Privacy Policy.

This does not prevent us from providing the purchasing organisation with reasonable account administration, billing, seat allocation or aggregate usage information where appropriate and disclosed.

Delivery and use of BRAG Offerings

If a product is damaged, materially different from its description, not delivered, or otherwise does not meet a consumer guarantee that applies, contact us so the appropriate remedy can be assessed.

Any voluntary change-of-mind return policy stated on the relevant sales page, checkout or return policy applies in addition to your rights under applicable law.

3.2 Digital products and resources. A digital Offering is delivered when the download, file, link or account access is made available to you. Any stated access period applies. If a downloadable file is supplied without a stated expiry, you may retain it subject to the intellectual property licence in clause 6.

3.3 Courses and programs. Inclusions may include written content, video, audio, templates, exercises, live sessions, recordings, guest content and community access. We may reasonably update examples, references, delivery methods, lesson order, presenters or supporting materials to keep an Offering current, provided we do not materially reduce the core Offering you purchased.

3.4 Workshops and events. We may make reasonable changes to a facilitator, venue, delivery platform, running order or supporting materials. If we cancel a paid session, or materially reschedule it and you cannot reasonably attend, we will offer a transfer, credit or refund unless different terms disclosed before booking apply or the law requires another remedy.

3.5 BRAG.CLUB community. Community access is intended for constructive professional discussion, learning and connection.

Members must comply with the Community Code of Conduct and must not:

(a) harass, bully, threaten or defame another person;

(b) post unlawful, misleading or infringing material;

(d) scrape, harvest or systematically extract member details or community content;

(e) send spam or use the community primarily for unsolicited promotion;

(f) republish another member's content, comments, stories or contributions outside the community without permission; or

(g) use the community in a way that materially interferes with another member's reasonable participation.

We may reasonably moderate, hide, archive or remove content, restrict features or take other proportionate moderation action where necessary to operate and protect the community.

We will not materially rewrite a member's contribution in a way that changes its meaning without permission, except where reasonably necessary to comply with law or address a technical or moderation issue.

3.6 Private messages and member relationships. Where private messaging is available, the Community Code of Conduct and relevant provisions of these Terms continue to apply.

We do not routinely monitor private messages between members. Members may report suspected harassment, spam, misuse or other serious breaches to us, and we may take reasonable action in response.

BRAG is not a party to, and is not responsible for, an independent commercial, employment, advisory or other relationship entered into between members merely because they met or connected through a BRAG Offering.

3.7 Competitors and commercially sensitive discussions. BRAG communities and events may include people or organisations that compete with one another.

You must not use a BRAG Offering to seek, disclose, exchange, encourage agreement about or coordinate competitively sensitive information or conduct in breach of applicable competition law.

This includes inappropriate exchange or coordination concerning current or future prices, pricing intentions, margins, bids or tender intentions, allocation of customers, suppliers, territories or markets, output or capacity decisions, or other competitively sensitive commercial strategy.

Members remain responsible for exercising appropriate judgement about what information they share.

3.8 Audits and assessment tools. Outputs from the BRAG Audit or any future scorecard, diagnostic, benchmark or assessment are based on the information supplied, the scope of the tool and the methodology used at the time.

They are intended to support discussion and decision-making and are not a guarantee of any particular business, marketing, procurement, revenue or other outcome.

You should not submit personal information, confidential information, classified or security-sensitive material, tender information, third-party intellectual property or other information that you are not authorised to provide.

3.9 Recordings, photographs and transcripts. We may record or transcribe workshops, webinars, community sessions, events or other Offerings where this forms part of the stated delivery or administration of the Offering.

Where a session is being recorded or transcribed, we will take reasonable steps to notify participants before or at the start of the recording. By continuing to participate after that notification, you acknowledge that your image, voice, name and contributions may be captured as part of the session.

We may use recordings and transcripts to:

(a) provide session replays to eligible participants or members;

(b) prepare notes, summaries, educational resources and supporting materials;

(d) keep reasonable internal records.

Unless stated otherwise for the relevant Offering, session replays will ordinarily be made available for up to approximately 12 months. We do not guarantee that a particular recording will remain available for the entire period.

We will not use an identifiable recording, image, quote or contribution from you in public advertising, testimonials or promotional marketing without permission, unless you deliberately contributed it through a feature or process that clearly stated it was intended for public publication.

3.10 Member recording and automated tools. Unless expressly permitted, you must not independently record a BRAG session or use a transcription service, meeting bot, AI agent, scraper or similar technology in a way that captures other participants' contributions or BRAG Content for unauthorised redistribution, commercial exploitation, model training or another purpose inconsistent with these Terms.

We may require an unauthorised recorder, bot or automated participant to be removed from a session.

Where we permit reasonable personal note-taking or transcription technology, you remain responsible for complying with privacy, confidentiality, intellectual property and other applicable obligations.

General information, AI and no guaranteed outcomes

4.1 BRAG Offerings provide general education, capability building and business decision support, particularly for industrial and B2B environments. They do not take account of every fact relevant to your particular circumstances.

4.2 Unless we expressly agree in writing to provide a specific professional service, BRAG Content is not legal, financial, tax, accounting, employment, human resources, investment, engineering, safety, regulatory, procurement or other regulated professional advice. You should obtain specialist advice where appropriate.

4.3 Examples, market data, salary information, platform features, laws, technology references and other external information may change over time. You are responsible for checking information that is material to a decision.

4.4 We do not promise that using an Offering will produce any particular commercial, career, sales, marketing, recruitment, procurement or financial outcome.

4.5 AI-enabled Offerings. Some Offerings or features may use artificial intelligence, machine learning or other automated technology, including technology supplied by third-party providers.

Where relevant, information, prompts, documents or other materials you submit may be processed using those technologies for purposes reasonably connected with delivering, administering, supporting or improving the relevant Offering.

Our handling of personal information in connection with AI is also subject to our Privacy Policy.

4.6 AI-generated or AI-assisted outputs may be incomplete, inaccurate, outdated or unsuitable for your circumstances. They are decision-support tools, not a substitute for human judgement or appropriate professional advice.

You are responsible for reviewing outputs and deciding whether and how to use them.

4.7 You must not submit personal information, confidential business information, classified or security-sensitive information, third-party intellectual property or other restricted material to an AI-enabled feature unless you are authorised to do so and the feature is appropriate for that information.

4.8 We will not knowingly use identifiable member personal information or confidential business information submitted privately to BRAG for the purpose of training a general-purpose third-party artificial intelligence model without appropriate permission or another lawful basis.

This does not prevent:

(a) a third-party technology provider processing information as reasonably necessary to provide an AI-enabled feature to us or you, subject to applicable contractual and privacy requirements;

(b) BRAG using information to administer, secure, support or improve an Offering in accordance with these Terms and our Privacy Policy; or

Refunds, cancellations and Australian Consumer Law

5.1 Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded or limited.

5.2 If an Offering does not meet a consumer guarantee that applies to your purchase, you may be entitled to a remedy under the Australian Consumer Law, which may include repair, replacement, re-supply, cancellation, refund or compensation depending on the circumstances.

5.3 Except where required by law or stated in the product-specific terms, we are not required to provide a refund because you change your mind, no longer need an Offering, fail to use or complete it, or decide after purchase that it is not suitable where it was accurately described and supplied as promised.

5.4 Any voluntary cancellation, transfer, return or change-of-mind policy stated before purchase applies in addition to, and does not replace, your rights under the Australian Consumer Law.

Intellectual property and permitted use

6.1 All intellectual property rights in BRAG Content are owned by The Measured Marketer Pty Ltd, Jacqui Daley and/or our licensors, as applicable.

BRAG Content includes books, written content, audio, video, courses, presentations, frameworks, methodologies, scoring systems, templates, toolkits, workbooks, checklists, graphics, branding, website content, prompts, resources, recordings and member resources supplied by BRAG.

6.2 When you lawfully obtain BRAG Content, we grant you a limited, non-exclusive, non-transferable licence to use it for your own learning and, where the Offering is designed for business use, for the internal operations of the purchasing organisation.

You may complete and adapt editable templates and workbooks for that internal use, but ownership of the underlying BRAG framework, wording, structure and methodology remains with us or our licensors.

6.3 Unless we give written permission or the Offering expressly allows it, you must not:

(a) share purchased files or logins with unauthorised users;

(b) reproduce or distribute substantial parts of BRAG Content;

(d) use BRAG Content as the basis of a course, membership, training program, consulting product, client deliverable, methodology or competing offering;

(e) remove copyright, trade mark or other proprietary notices;

(f) systematically scrape, extract or compile BRAG Content; or

(g) represent BRAG Content, frameworks or methodologies as your own.

6.4 Consultants, agencies and advisers. Consultants, freelancers, agencies and other professional advisers are welcome to purchase and participate in BRAG Offerings on the same basis as other users.

Unless we grant a separate written licence, however, the licence in clause 6.2 does not permit you to reproduce or apply BRAG Content, frameworks or methodologies as a client deliverable, repeatedly deploy them across client engagements, incorporate them into your own commercial methodology, train others to deliver a substantially similar system, or use them to develop or provide a competing product or service.

This does not prevent you from applying general knowledge, skills and experience you personally gain through participating in an Offering, provided you do not reproduce, disclose or commercially exploit protected BRAG Content or methodology.

6.5 AI-assisted use by users. You may use an AI tool as a reasonable aid in applying BRAG Content for your own learning or the permitted internal business use described in clause 6.2. For example, you may use AI to help you work through questions, organise your own thinking or adapt your own completed work.

You must not use AI or automated technology to:

(a) reproduce substantial parts of BRAG Content;

(b) build or populate a competing knowledge base, assistant, GPT, agent, course, methodology or product;

(d) systematically extract BRAG Content or methodology; or

(e) circumvent the licence restrictions in these Terms.

You must also not upload substantial BRAG Content into a third-party system where doing so grants that provider rights to use the BRAG Content for general model training or development, unless we have expressly permitted that use.

Your materials, privacy and commercially sensitive information

7.1 You retain ownership of original information, files, answers, posts and other materials you submit to us (Your Materials).

You grant us a non-exclusive licence to host, store, copy, display, process, transmit and use Your Materials to the extent reasonably necessary to provide, administer, operate, moderate, secure, support and improve the relevant Offering.

For community content, this includes displaying your contributions to Authorised Users, making them searchable within the community, including them in relevant notifications and maintaining reasonable community archives.

7.2 You are responsible for ensuring that you have the right and authority to submit Your Materials and that doing so does not breach confidentiality, privacy, intellectual property, employment obligations, security requirements or other rights or laws.

In particular, you must not submit employer, client or third-party confidential information, tender or bid information, personal information, classified or security-sensitive material or third-party intellectual property unless you are authorised to do so.

7.3 Community information. If you post content in a BRAG community, it may be visible to other members. A BRAG community is a professional peer environment, but it is not a confidential forum and BRAG cannot guarantee how another member will behave.

You must respect the confidentiality and commercial sensitivity of information shared by others and must not republish another member's identifiable contribution outside the community without permission.

General lessons and knowledge you gain through participation may be used in your own work, provided doing so does not disclose another member's identity, confidential information, commercially sensitive information or protected intellectual property.

7.4 Private submissions and confidential business information. Information supplied privately through the BRAG Audit, an assessment, support process or other private BRAG tool is treated differently from information deliberately posted to the community.

We will treat non-public business information submitted privately through these tools as confidential and will not disclose it to other members or third parties except:

(a) as reasonably necessary to provide, administer, support, secure or improve the relevant Offering, including through service providers acting on our behalf;

(b) where the information has been aggregated or de-identified in accordance with clause 7.6 so that it does not reasonably identify you or your organisation;

(d) where the information is already lawfully public or becomes public other than through a breach by us; or

(e) where disclosure is required or authorised by law.

We will take reasonable steps to protect confidential business information from unauthorised access, use or disclosure in accordance with these Terms and our Privacy Policy.

You should not submit information that is classified, subject to national security restrictions, legally privileged, or subject to confidentiality obligations that prevent its disclosure to BRAG or the service providers reasonably required to deliver the Offering.

7.5 Public features, testimonials and member profiles. We will not use an identifiable community post, testimonial, image, recording, quote or contribution in public marketing without permission unless it was submitted through a feature or process that clearly stated it was intended for public publication.

Where you voluntarily opt into a public member directory, founding-member roll call, showcase, BRAG shout-out, case study or similar public feature, you authorise us to publish the information you have agreed may be included for that purpose.

You may contact us if you later want us to consider removing or updating information from an ongoing public feature.

7.6 Aggregated and de-identified information. We may combine and analyse information from Audits, assessments, Offerings and other interactions to create aggregated or de-identified statistics, benchmarks, research, industry insights, product improvements and other analysis.

We may use and publish that information provided it has been handled so that it does not reasonably identify you or your organisation.

We will not present identifiable confidential business information as aggregated or de-identified information.

7.7 Privacy and service providers. We handle personal information in accordance with our Privacy Policy at https://www.brag.club/privacy-policy.

We may use third-party providers to process, store or support information where reasonably necessary to operate BRAG, including providers of website hosting, community platforms, payment processing, accounting, email, video conferencing, transcription, analytics, cloud storage and AI technology.

Some providers may process or store information outside Australia. Our Privacy Policy provides further information about our data-handling practices.

7.8 Retention and deletion. You may contact us to request access to, correction of or deletion of personal information we hold about you, subject to applicable law and our Privacy Policy.

Cancellation or termination of an account does not necessarily require us to immediately delete all information associated with it.

We may retain information where reasonably necessary for legal, accounting, fraud prevention, security, dispute resolution, legitimate record-keeping or business administration purposes, and may retain community contributions as part of the historical community record.

Where appropriate, information may instead be de-identified.

Third-party platforms and contributors

8.1 We may use third-party providers to host websites or courses, operate community features, process payments, send communications, run virtual sessions, provide transcription or AI functionality, store information, distribute publications and support other parts of BRAG.

Your use of a third-party platform may also be subject to that provider's terms and policies.

8.2 We take reasonable care in selecting and using providers appropriate to the relevant function. However, to the extent permitted by law, we are not responsible for a third party's independent acts, omissions, content, security incident or service outage that is outside our reasonable control.

8.3 Guest speakers, contributors, community members and linked third parties may express their own views or provide their own information. Unless we expressly say otherwise, that content is not professional advice from BRAG and we do not guarantee its accuracy or suitability for your circumstances.

Suspension, termination, changes and discontinuation

9.1 We may take proportionate action, including warning, moderating content, restricting a feature, suspending access or terminating access, if you:

(a) materially breach these Terms or the Community Code of Conduct;

(b) fail to pay an amount properly due;

(d) seriously or repeatedly misuse a community, another member or a platform;

(e) create a material privacy, security or legal risk;

(f) misuse confidential or competitively sensitive information;

(g) engage in fraud, unlawful conduct or seriously harmful conduct; or

(h) use an Offering in a way that materially undermines its legitimate operation or the rights of others.

Where a breach can reasonably be fixed, we will generally give notice and a reasonable opportunity to fix it before permanent termination. We may act immediately where reasonably necessary to protect another person, BRAG, our intellectual property, the community, a platform or legal compliance.

9.2 If we permanently terminate paid access because of your serious or unremedied breach, you will not automatically be entitled to a refund for the unused period. We will consider the circumstances, the portion of the Offering already supplied and any rights you have under applicable law.

9.3 We may update or discontinue an Offering for legitimate business, operational, legal or technical reasons.

If we discontinue a paid Offering before delivering a material part you have already paid for, we will provide a reasonable alternative, credit or refund for the undelivered portion, unless another remedy is required by law.

9.4 We may update these Terms from time to time. The current version will be published on our website with an effective date.

If a change materially affects an ongoing paid subscription or membership, we will give reasonable notice before it takes effect. If the change materially disadvantages you, you may cancel future renewals before the change takes effect.

Your rights under applicable law continue to apply.

Liability and events outside reasonable control

10.1 We will provide services with the care and skill required by applicable law and take reasonable steps to supply paid Offerings substantially as described.

10.2 To the extent permitted by law, we are not responsible for loss to the extent caused by:

(a) inaccurate, incomplete or unauthorised information supplied by you;

(b) your failure to obtain appropriate specialist advice or exercise reasonable business judgement;

(d) use of an Offering for a purpose it was not reasonably designed for;

(e) your disclosure of confidential, personal, classified, security-sensitive or third-party information without appropriate authority; or

(f) a third-party service or event outside our reasonable control.

10.3 To the maximum extent permitted by law, our liability for a claim arising from a paid Offering is limited to the amount you paid us for that Offering during the 12 months immediately before the event giving rise to the claim, or, for a one-off purchase, the amount paid for that purchase.

For a free Offering, to the maximum extent permitted by law, our liability is limited to losses that are reasonably foreseeable and directly caused by our failure to exercise the care and skill required by applicable law.

These limitations do not apply where liability cannot lawfully be excluded or limited, including where doing so would be inconsistent with the Australian Consumer Law, or to fraud or wilful misconduct.

10.4 Neither party is responsible for delay or failure to perform an obligation to the extent caused by an event outside that party's reasonable control, such as major power or internet outages, natural disaster, fire, flood, government action, industrial action, war, civil disturbance, pandemic restrictions or major failure of a critical third-party platform.

The affected party must take reasonable steps to reduce the impact and resume performance when reasonably possible.

General

11.1 These Terms, together with our Privacy Policy, the Community Code of Conduct where applicable, any applicable product-specific terms and any separate written agreement expressly incorporated into them, contain the agreement between you and us about the relevant Offering.

11.2 If any provision is invalid or unenforceable, it is to be read down to the extent necessary, or severed if it cannot be read down, without affecting the remaining provisions.

11.3 A failure or delay in exercising a right does not waive that right.

11.4 We may transfer our rights or obligations as part of a genuine business restructure or sale of the BRAG business, provided this does not materially reduce your rights.

You may not transfer a paid account or licence except as permitted by the relevant Offering or with our written consent. This does not prevent an organisation from requesting a permitted seat transfer under clause 2.8.

11.5 Nothing in these Terms creates an employment, partnership, joint venture, fiduciary, agency or franchise relationship between you and BRAG merely because you purchase, access or participate in an Offering.

11.6 These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales, subject to any mandatory rights you may have under applicable law.

11.7 Notices to us may be sent to [email protected] or the current contact details published on the BRAG.CLUB website.

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