PROGRAM TERMS
THESE TERMS AND CONDITIONS ARE ENTERED IN TO BETWEEN:
MENTOR, RCSK INVESMENTS PTY LTD T/A STOREHACKS (PODHACKS) IS A PROPRIETARY LIMITED COMPANY OF 40 HOWARD STREET, NAMBOUR, QUEENSLAND, AUSTRALIA, 4560
AND
CLIENT, YOURSELF (“YOU/YOUR”).
OUR TERMS
1. THESE TERMS
1.1 WHAT THESE TERMS COVER. THESE ARE THE TERMS AND CONDITIONS ON WHICH WE SUPPLY OUR SERVICES TO YOU. THESE TERMS SHALL APPLY TO THE EXCLUSION OF ANY OTHER TERMS THAT YOU SEEK TO IMPOSE OR INCORPORATE, OR WHICH ARE IMPLIED BY TRADE, CUSTOM, PRACTICE OR COURSE OF DEALING, UNLESS WE AGREE OTHERWISE IN WRITING. UNLESS WE EXPRESSLY AGREE OTHERWISE IN WRITING TO YOU, IF THERE ARE ANY PROVISIONS ON OUR WEBSITE OR IN OUR OTHER COMMUNICATIONS WHICH CONFLICT WITH THESE TERMS, THESE TERMS SHALL PREVAIL.
1.2 WHY YOU SHOULD READ THEM. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US. THESE TERMS TELL YOU WHO WE ARE, HOW WE WILL PROVIDE OUR SERVICES TO YOU, HOW YOU AND WE MAY CHANGE OR END THE CONTRACT, WHAT TO DO IF THERE IS A PROBLEM AND OTHER IMPORTANT INFORMATION. IF YOU THINK THAT THERE IS A MISTAKE IN THESE TERMS, PLEASE CONTACT US TO DISCUSS.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 WHO WE ARE. WE ARE RCSK INVESMENTS PTY LTD T/A STOREHACKS (PODHACKS), REGISTERED IN AUSTRALIA.
2.2 HOW TO CONTACT US.
(A) BEFORE WE ACCEPT YOUR ORDER IN ACCORDANCE WITH CLAUSE 3.1, YOU CAN CONTACT US AT RONNIE@STOREHACKS.COM; OR
(B) AFTER WE ACCEPT YOUR ORDER IN ACCORDANCE WITH CLAUSE 3.1, IF YOU HAVE ANY ADMINISTRATIVE OR TECHNICAL QUESTIONS, YOU CAN CONTACT US AT ADMIN@STOREHACKS.COM.
2.3 HOW WE MAY CONTACT YOU. IF WE HAVE TO CONTACT YOU WE WILL DO SO BY TELEPHONE OR BY WRITING TO YOU AT THE EMAIL ADDRESS OR POSTAL ADDRESS YOU PROVIDED TO US IN YOUR ORDER.
2.4 "WRITING" INCLUDES EMAILS. WHEN WE USE THE WORDS "WRITING" OR "WRITTEN" IN THESE TERMS, THIS INCLUDES EMAILS.
3. OUR CONTRACT WITH YOU
3.1 HOW WE WILL ACCEPT YOUR ORDER. OUR ACCEPTANCE OF YOUR ORDER WILL TAKE PLACE WHEN WE EMAIL YOU TO ACCEPT IT, AT WHICH POINT A CONTRACT WILL COME INTO EXISTENCE BETWEEN YOU AND US. UPON ACCEPTANCE OF YOUR ORDER, YOU WILL BE DIRECTED TO CREATE A LOG IN AND A PASSWORD FOR ACCESS TO THE ONLINE MEMBERSHIP WEBSITE.
4. THE COACHING PROGRAM COVERED BY THIS CONTRACT INCLUDES:
4.1 SELF STUDY PROGRAM. WE WILL PROVIDE YOU WITH ACCESS TO UP TO 24 RECORDED VIDEO TUTORIALS AND WORKBOOKS VIA THE ONLINE MEMBERSHIP WEBSITE. IF YOU ARE ENROLLED IN THE SELF-STUDY ONLY PROGRAM YOU WILL ONLY GAIN ACCESS TO THE VIDEO TUTORIALS AND WORKBOOKS AND WILL NOT HAVE ACCESS TO 4.2, 4.3 AND 4.4.
4.2 PROGRAM PRIVATE COMMUNITY. THERE IS A COMMUNITY FOR THIS COACHING PROGRAM. YOU WILL HAVE ACCESS TO IT FOR THE DURATION OF YOUR PROGRAM AS LONG AS YOUR PAYMENTS ARE UP TO DATE. WE RESERVE THE RIGHT TO CANCEL THIS ACCESS AT ANY TIME AND FOR ANY REASON.
4.3 ACCESS TO THE VIDEO TUTORIALS AND WORKBOOKS. WE WILL MAKE THE VIDEO TUTORIALS AND WORKBOOKS AVAILABLE FOR DOWNLOAD BY YOU VIA THE ONLINE MEMBERSHIP WEBSITE. THE VIDEO TUTORIALS AND WORKBOOKS WILL BE AVAILABLE FOR VIEWING AT YOUR CONVENIENCE DURING THE LIFETIME OF THE PROGRAM (I.E. DURING THE PERIOD WHILE THE PROGRAM HAS THE SAME NAME, CURRICULUM AND STRUCTURE AS THE DATE WHEN WE ACCEPT YOUR ORDER IN ACCORDANCE WITH CLAUSE 3.1), OR ON SUCH EARLIER DATE THAT THE CONTRACT IS TERMINATED BY US.
4.4 COACHING CALLS. ANY GROUP OR INDIVIDUAL COACHING CALLS OFFERED AS PART OF YOUR PROGRAM ARE AVAILABLE DURING THE DURATION OF YOUR PROGRAM ONLY, FOR 3 MONTHS (90 DAYS) FROM DATE OF PURCHASE. THESE ARE DESIGNED TO BE TAKEN AT REGULAR INTERVALS THROUGHOUT THE PROGRAM (E.G. FOR 1-2 COACHING CALLS PER WEEK, 4-8 PER MONTH) AND CANNOT BE BLOCK-BOOKED TO BE TAKEN IN QUICK SUCCESSION. ALL SCHEDULES OFFERED FOR THESE SESSIONS ARE FINAL AND WE ENCOURAGE YOU TO PRIORITISE YOUR COACHING CALLS OVER OTHER APPOINTMENTS. ANY CALLS NOT USED WILL EXPIRE 90 DAYS FROM THE DATE OF PURCHASE. AT TIMES WE MAY OFFER THE PROGRAM FOR AN EXTENDED PERIOD OF 6 MONTHS INSTEAD OF 3 MONTHS AT OUR OWN DISCRETION FOLLOWING THE SAME SCHEDULED OUTLINED ABOVE.
4.5.A A SALES GUARANTEE. IF WITHIN THE FIRST 90 DAYS YOU SHOW THAT YOU HAVE IMPLEMENTED THE FOLLOWING:
- 100% COMPLETION OF ALL TRAINING MODULES IN THE MEMBERS PORTAL - WE CAN SEE YOUR PROGRESS INSIDE OUR TRAINING STATISTICS
- ATTENDED LIVE OR PRE-SUBMITTED A QUESTION ON AT LEAST 12 COACHING CALLS - WE KEEP TRACK OF ATTENDANCE
- FOLLOWED THE TRAINING MODULES LAUNCH REQUIREMENTS I.E. AT LEAST 90 PRODUCT LAUNCHES ON ETSY AND/OR SHOPIFY THAT FOLLOW THE DESIGN AND CREATION METHOD OUTLINED IN THE MODULES: DESIGN DOMINATION AND PHRASE FACTORY
- FOR LAUNCHES ON SHOPIFY, AT LEAST $20 OF AD SPEND PER PRODUCT SPENT ON ADVERTISING IN ORDER TO GET TRAFFIC TO THE PRODUCTS ACCORDING TO THE GUIDELINES IN THE ADVERTISING TRAINING MODULE
- ONCE YOU ARE READY TO CLAIM YOUR GUARANTEE, YOU WILL BE ASKED TO SUBMIT THE PROOF (VIDEO AND OTHER) THROUGH A GUARANTEE FORM THAT YOU CAN REQUEST BY EMAILING RONNIE@STOREHACKS.COM
ONCE YOU HAVE PROVEN THAT ALL ACTION STEPS ABOVE WERE TAKEN, AND YOU HAVE NOT YET SOLD $5,000 USD OF PRINT-ON-DEMAND PRODUCTS, YOU WILL BE ABLE TO CONTINUE TO ATTEND THE COACHING CALLS UNTIL YOU REACH $5,000 IN PRINT-ON-DEMAND SALES, OR UNTIL THE PROGRAM IS NO LONGER RUNNING, WHICHEVER IS SOONER, AS LONG AS YOU:
- LAUNCH AT LEAST 10 PRODUCTS PER WEEK
- FOR SHOPIFY, SPEND AT LEAST $250 PER WEEK ON ADS
- ATTENDED LIVE OR PRE-SUBMITTED A QUESTION ON AT LEAST 1 COACHING CALL PER WEEK
- MAKE THE CHANGES WE RECOMMEND ON OUR COACHING CALLS
4.5.B. RESULTS GUARANTEE.
IN THE FIRST 60-90 DAYS YOU CAN CLAIM YOUR PERSONALIZED REVIEW TO BREAK DOWN YOUR STORE, PRODUCTS AND DESIGNS IF YOU IMPLEMENT THE FOLLOWING:
- 100% COMPLETION OF THE FOLLOWING TRAINING MODULES IN THE MEMBERS PORTAL: PERFECT NICHE PROCESS + SUPPLIER SHORTCUTS + FOCUS PRODUCTS + PHRASE FACTORY + DESIGN DOMINATION + PROFITABLE ADVERTISING SYSTEM - WE CAN SEE YOUR PROGRESS INSIDE OUR TRAINING STATISTICS
- ATTENDED LIVE OR PRE-SUBMITTED A QUESTION ON AT LEAST 1 COACHING CALL A WEEK PRIOR TO THE 60-90 DAYS - WE KEEP TRACK OF ATTENDANCE
- FOLLOWED THE TRAINING MODULES LAUNCH REQUIREMENTS I.E. AT LEAST 45 PRODUCT LAUNCHES ON ETSY AND/OR SHOPIFY THAT FOLLOW THE DESIGN AND CREATION METHOD OUTLINED IN THE MODULES: DESIGN DOMINATION AND PHRASE FACTORY
- FOR LAUNCHES ON SHOPIFY, AT LEAST $20 OF AD SPEND PER PRODUCT SPENT ON ADVERTISING IN ORDER TO GET TRAFFIC TO THE PRODUCTS ACCORDING TO THE GUIDELINES IN THE ADVERTISING TRAINING MODULE
- ONCE YOU ARE READY TO CLAIM YOUR GUARANTEE, YOU WILL BE ASKED TO SUBMIT THE PROOF (VIDEO AND OTHER) THROUGH A GUARANTEE FORM THAT YOU CAN REQUEST BY EMAILING RONNIE@STOREHACKS.COM
4.5.C. ACCOUNTABILITY GUARANTEE
YOU WILL RECEIVE 2 GROUP COACHING CALLS A WEEK DURING THE 90 DAYS WHERE RONNIE WILL HOLD YOU ACCOUNTABLE AND WHERE YOU CAN ASK QUESTIONS, GIVE UPDATES AND GET FEEDBACK ON YOUR PROGRESS
4.5.D. COMMUNITY GUARANTEE
YOU WILL BE PART OF A COMMUNITY WHERE WE MAKE SURE YOU ARE RESPECTED, CELEBRATED AND HEARD. WE WILL ENSURE THAT THE SPACE IS FREE FROM JUDGMENT AND CRITICISM FROM OTHER MEMBERS IN THE COMMUNITY - WHETHER THAT’S ON THE COACHING CALLS OR IN THE FACEBOOK COMMUNITY OR SLACK (FOR GOLD AND PLATINUM MEMBERS)
4.6 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL. IF OUR SUPPLY OF ANY SERVICE UNDER THE PROGRAM IS DELAYED OR AFFECTED BY AN EVENT OUTSIDE OUR CONTROL THEN WE WILL USE REASONABLE ENDEAVOURS TO CONTACT YOU AS SOON AS POSSIBLE TO LET YOU KNOW AND WE WILL TAKE REASONABLE STEPS TO MINIMISE THE EFFECT OF THE DELAY / PROBLEM. PROVIDED WE DO THIS WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE EVENT.
4.7 REASONS WE MAY SUSPEND THE SUPPLY OF SERVICES TO YOU. WE MAY HAVE TO SUSPEND THE SUPPLY OF SERVICES UNDER THE PROGRAM TO:
(A) DEAL WITH TECHNICAL PROBLEMS OR MAKE MINOR TECHNICAL CHANGES;
(B) UPDATE THE PROGRAM TO REFLECT CHANGES IN RELEVANT LAWS AND REGULATORY REQUIREMENTS;
(C) MAKE CHANGES TO THE PROGRAM (SEE CLAUSE 5).
4.8 YOUR RIGHTS IF WE SUSPEND THE SUPPLY OF ANY SERVICES. WE WILL USE REASONABLE ENDEAVOURS TO CONTACT YOU IN ADVANCE TO TELL YOU THAT WE WILL BE SUSPENDING SUPPLY OF THE SERVICE, UNLESS THE PROBLEM IS URGENT OR AN EMERGENCY. IF WE HAVE TO SUSPEND THE PROGRAM FOR A SIGNIFICANT PERIOD OF TIME, WE WILL USE REASONABLE ENDEAVOURS TO COME TO SOME FORM OF SATISFACTORY RESOLUTION WITH YOU.
4.9 WE MAY ALSO SUSPEND SUPPLY OF THE ANY SERVICE IF YOU DO NOT PAY. IF YOU DO NOT PAY US FOR THE PROGRAM WHEN YOU ARE SUPPOSED TO (SEE CLAUSE 6.3) AND YOU STILL DO NOT MAKE PAYMENT WITHIN 3 DAYS OF US REMINDING YOU THAT PAYMENT IS DUE, WE MAY SUSPEND SUPPLY OF THE PROGRAM TO YOU UNTIL YOU HAVE PAID US THE OUTSTANDING AMOUNTS. WE WILL CONTACT YOU TO TELL YOU WE ARE SUSPENDING SUPPLY OF THE PROGRAM. AS WELL AS SUSPENDING THE PROGRAM WE CAN ALSO CHARGE YOU INTEREST ON YOUR OVERDUE PAYMENTS (SEE CLAUSE 6.4).
5. OUR RIGHTS TO MAKE CHANGES
5.1 MINOR CHANGES TO THE PROGRAM. WE MAY CHANGE THE PROGRAM:
(A) TO REFLECT CHANGES IN RELEVANT LAWS AND REGULATORY REQUIREMENTS; AND
(B) TO IMPLEMENT MINOR ADJUSTMENTS AND IMPROVEMENTS TO THE PROGRAM. THESE CHANGES WILL NOT AFFECT YOUR USE OF THE PROGRAM.
5.2 MORE SIGNIFICANT CHANGES TO THE PROGRAM AND THESE TERMS. IN ADDITION, WE MAY HAVE MAKE MORE SIGNIFICANT CHANGES TO THE PROGRAM, BUT IF WE DO SO WE WILL NOTIFY YOU AND YOU MAY THEN CONTACT US TO END THE CONTRACT BEFORE THE CHANGES TAKE EFFECT.
6. PRICE AND PAYMENT
6.1 THE PRICE FOR THE PROGRAM. THE PRICE OF THE PROGRAM IS $10,000 (USD) (EXCLUSIVE OF GST). DISCOUNTS MAY BE OFFERED IN WRITING FROM TIME TO TIME AND WILL BE REFLECTED IN THE PRICE.
6.2 WE WILL PASS ON CHANGES IN THE RATE OF GST. IF THE RATE OF GST CHANGES BETWEEN YOUR ORDER DATE AND THE DATE WE SUPPLY THE PROGRAM, WE WILL ADJUST THE RATE OF GST THAT YOU PAY, UNLESS YOU HAVE ALREADY PAID FOR THE PROGRAM IN FULL BEFORE THE CHANGE IN THE RATE OF GST TAKES EFFECT. GST IS ONLY VALID IF PURCHASING PROGRAM IN AUSTRALIA.
6.3 WHEN YOU MUST PAY AND HOW YOU MUST PAY. WE ONLY ACCEPT PAYMENT VIA STRIPE (UNLESS WE AGREE AN ALTERNATIVE PAYMENT METHOD WITH YOU IN ADVANCE). YOU MUST PAY FOR THE PROGRAM IN FULL BEFORE YOU ACCESS THE RECORDED VIDEO TUTORIALS AND DOWNLOADABLE WORKBOOKS.
6.4 WE CAN CHARGE INTEREST IF YOU PAY LATE. IF YOU DO NOT MAKE ANY PAYMENT TO US BY THE DUE DATE WE MAY CHARGE INTEREST TO YOU ON THE OVERDUE AMOUNT AT THE RATE OF 4% A YEAR ABOVE THE BASE LENDING RATE OF THE ROYAL BANK OF AUSTRALIA’S BASE RATE FROM TIME TO TIME. THIS INTEREST SHALL ACCRUE ON A DAILY BASIS FROM THE DUE DATE UNTIL THE DATE OF ACTUAL PAYMENT OF THE OVERDUE AMOUNT, WHETHER BEFORE OR AFTER JUDGMENT. YOU MUST PAY US INTEREST TOGETHER WITH ANY OVERDUE AMOUNT.
6.5 WHAT TO DO IF YOU THINK AN INVOICE IS WRONG. IF YOU THINK AN INVOICE IS WRONG PLEASE CONTACT US PROMPTLY TO LET US KNOW. YOU WILL NOT HAVE TO PAY ANY INTEREST UNTIL THE DISPUTE IS RESOLVED. ONCE THE DISPUTE IS RESOLVED WE WILL CHARGE YOU INTEREST ON CORRECTLY INVOICED SUMS FROM THE ORIGINAL DUE DATE.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 THERE IS A NO REFUND POLICY ONCE THE PROGRAM HAS STARTED.
7.2 IF YOU ARE ENDING A CONTRACT FOR A REASON SET OUT AT (A) TO (C) BELOW, THE CONTRACT WILL END BY YOU GIVING US NO LESS THAN 30 DAYS’ PRIOR NOTICE IN WRITING. THE REASONS ARE:
(A) WE HAVE TOLD YOU ABOUT AN UPCOMING CHANGE TO THE PROGRAM OR THESE TERMS WHICH YOU DO NOT AGREE TO (SEE CLAUSE 5.2);
(B) WE HAVE TOLD YOU THAT THE SUPPLY OF PART OF THE PROGRAM MAY BE SIGNIFICANTLY DELAYED BECAUSE OF EVENTS OUTSIDE OUR CONTROL (IN ACCORDANCE WITH CLAUSE 4.6); OR
IN CASE OF 7.2.(A) OR 7.2.(B) YOU CAN TELL US YOU WANT TO END THE CONTRACT BY EMAILING US AT ADMIN@STOREHACKS.COM (OR SUCH OTHER EMAIL ADDRESS THAT WE NOTIFY TO YOU FROM TIME TO TIME). PLEASE PROVIDE YOUR NAME, DETAILS OF WHICH PROGRAM YOU ORDERED AND, WHERE AVAILABLE, YOUR PHONE NUMBER AND EMAIL ADDRESS.
8. OUR RIGHTS TO END THE CONTRACT
8.1 WE MAY END THE CONTRACT IF YOU BREAK IT. WE MAY END THE CONTRACT AT ANY TIME BY WRITING TO YOU IF:
(A) YOU DO NOT MAKE ANY PAYMENT TO US WHEN IT IS DUE AND YOU STILL DO NOT MAKE PAYMENT WITHIN 3 DAYS OF US REMINDING YOU THAT PAYMENT IS DUE;
(B) YOU DO NOT, WITHIN A REASONABLE TIME OF US ASKING FOR IT, PROVIDE US WITH INFORMATION THAT IS NECESSARY FOR US TO PROVIDE THE PROGRAM;
(C) YOU COMMIT ANY SERIOUS OR REPEATED BREACH OR NON-OBSERVANCE OF ANY OF THESE TERMS OR ANY ADDITIONAL TERMS OF THE PROGRAM;
(D) YOU ACT IN A MANNER WHICH, IN OUR REASONABLE OPINION:
(I) AFFECTS OUR ABILITY TO WORK WITH YOU;
(II) HAS OR MAY BRING THE PROGRAM OR US INTO DISREPUTE OR IS MATERIALLY ADVERSE TO OUR INTERESTS OR THE INTERESTS OF THE PROGRAM;
(III) IS OFFENSIVE, THREATENING, DEFAMATORY, HARASSING, DISCRIMINATORY, OR OTHERWISE INAPPROPRIATE.
8.2 YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT.
IF WE END THE CONTRACT IN THE SITUATIONS SET OUT IN CLAUSE 8.1 WE WILL REFUND ANY MONEY YOU HAVE PAID IN ADVANCE FOR THE PROGRAM WE HAVE NOT PROVIDED BUT WE MAY DEDUCT OR CHARGE YOU REASONABLE COMPENSATION FOR THE REASONABLE COSTS WE WILL INCUR AS A RESULT OF BREAKING THE CONTRACT.
8.3 WE MAY WITHDRAW THE PROGRAM. WE MAY WRITE TO YOU TO LET YOU KNOW THAT WE ARE GOING TO STOP PROVIDING THE PROGRAM. WE WILL USE OUR REASONABLE ENDEAVOURS TO LET YOU KNOW AT LEAST 14 DAYS IN ADVANCE OF OUR STOPPING THE SUPPLY OF THE PROGRAM AND WILL REFUND ANY SUMS YOU HAVE PAID IN ADVANCE FOR ANY PART OF THE PROGRAM WHICH WILL NOT BE PROVIDED.
9. IF THERE IS A PROBLEM WITH THE PROGRAM
9.1 HOW TO TELL US ABOUT PROBLEMS. IF YOU HAVE ANY QUESTIONS ABOUT THE PROGRAM, PLEASE CONTACT US. YOU CAN CONTACT US VIA EMAIL ON ADMIN@STOREHACKS.COM.
9.2 DISPUTE RESOLUTION. IF YOU HAVE ANY COMPLAINTS, YOU AGREE TO THE FOLLOWING DISPUTE RESOLUTION PROCEDURE:
(A) YOU MUST TELL US IN WRITING THE NATURE OF THE DISPUTE (IN ACCORDANCE WITH CLAUSE 9.1), WHAT OUTCOME YOU WANT AND WHAT ACTION YOU THINK WILL SETTLE THE DISPUTE. EACH PARTY SHALL TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY MUTUAL AGREEMENT; AND
(B) IF THE PARTIES CANNOT AGREE HOW TO RESOLVE THE DISPUTE, EITHER PARTY MAY REFER THE MATTER TO AN APPROPRIATE MEDIATOR UNDER AUSTRALIAN LAW.
THE MEDIATOR WILL DECIDE THE TIME FOR MEDIATION AND IN WHICH FORM THE MEDIATION SHOULD TAKE PLACE (WHICH CAN BE IN ANY FORM OF DIRECT COMMUNICATION TAKING INTO ACCOUNT THE JURISDICTION OF BOTH PARTIES; INCLUDING BY WAY OF INTERNET, TELEPHONE, AUDIO VISUAL LINK OR SOME OTHER FORM OF TELECOMMUNICATION). BOTH PARTIES MUST ATTEND THE MEDIATION RECOMMENDED BY THE MEDIATOR, AND IN GOOD FAITH, SEEK TO RESOLVE THE DISPUTE THROUGH MEDIATION OR OTHER ALTERNATIVE DISPUTE RESOLUTION PROCESSES.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT HAPPEN. OUR LIABILITY SHALL AT ALL TIMES BE LIMITED TO AN AGGREGATE AMOUNT EQUAL TO THE PRICE THAT YOU HAVE PAID FOR THE PROGRAM AT THE DATE OF ANY SUCH CLAIM FOR YOUR REASONABLE LOSSES.
10.2 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE PROGRAM.
10.3 WE ARE NOT LIABLE FOR BUSINESS LOSSES. WE ONLY SUPPLY THE PROGRAM FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE PROGRAM FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY OR IN RESPECT OF ANY OTHER COSTS OR LOSSES INCURRED BY YOU IN SETTING UP OR RUNNING YOUR BUSINESS.
10.4 EDUCATIONAL AND COACHING SERVICES ONLY. THE PROGRAM TO BE PROVIDED IS EDUCATIONAL AND COACHING SERVICES ONLY. BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE THAT
(A) NEITHER WE, OUR COACHES NOR OUR MENTORS ARE PROFESSIONAL PSYCHOLOGISTS, PSYCHIATRISTS, NUTRITIONISTS OR OTHERWISE MEDICALLY OR CLINICALLY TRAINED NOR ARE WE OR THEY PROFESSIONAL FINANCIAL OR LEGAL ADVISORS. NONE OF OUR WORK CONSTITUTES LEGAL, MEDICAL, FINANCIAL OR INVESTMENT ADVICE. WE OR THEY ARE NOT MEDICALLY QUALIFIED TO ASSESS YOUR PHYSICAL OR MENTAL CONDITION NOR ARE WE OR THEY TRAINED TO GIVE YOU LEGAL OR FINANCIAL ADVICE. IF YOU ARE IN ANY DOUBT, PLEASE SEEK EXPERT MEDICAL, LEGAL, INVESTMENT OR FINANCIAL ADVICE BEFORE USING THE PROGRAM;
(B) THE MENTORING WITHIN THE PROGRAM IS NOT COUNSELLING, PSYCHOTHERAPY OR PSYCHOANALYSIS;
(C) THE MENTORING WITHIN THE PROGRAM DOES NOT DEAL WITH THE DIAGNOSIS OR TREATMENT OF HEALTH AND EMOTIONAL PROBLEMS;
(D) WE DO NOT GUARANTEE OR WARRANT ANY SPECIFIC RESULT OR BENEFIT TO YOU FROM THE MENTORING OR THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LEAVING ANY EXISTING EMPLOYMENT TO START A NEW CAREER, OR BREAKING ANY TERMS OF YOUR EXISTING EMPLOYMENT CONTRACT; AND
(E) AS THE MENTORING WITHIN THE PROGRAM DOES NOT CONSTITUTE MEDICAL CONSULTATION OR TREATMENT, HEALTH INSURANCE WILL GENERALLY NOT APPLY.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 HOW WE WILL USE YOUR PERSONAL INFORMATION. WE WILL USE THE PERSONAL INFORMATION YOU PROVIDE TO US:
(A) TO SUPPLY THE PROGRAM TO YOU;
(B) TO PROCESS YOUR PAYMENT FOR THE PROGRAM; AND
(C) TO GIVE YOU INFORMATION ABOUT SIMILAR PRODUCTS OR PROGRAMS THAT WE PROVIDE, BUT YOU MAY STOP RECEIVING THIS AT ANY TIME BY CONTACTING US.
11.2 WE WILL ONLY GIVE YOUR PERSONAL INFORMATION TO THIRD PARTIES WHERE THE LAW EITHER REQUIRES OR ALLOWS US TO DO SO.
12. OTHER IMPORTANT TERMS
12.1 CONFIDENTIAL INFORMATION. YOU ACKNOWLEDGE THAT THESE TERMS ARE CONFIDENTIAL AND AGREE NOT TO DISCLOSE TO ANY PERSON ANY CONFIDENTIAL INFORMATION CONCERNING OUR BUSINESS, AFFAIRS, CUSTOMERS, CLIENTS OR SUPPLIERS, EXCEPT AS MAY BE REQUIRED BY LAW, A COURT OF COMPETENT JURISDICTION OR ANY GOVERNMENTAL OR REGULATORY AUTHORITY OR TO PERFORM YOUR OBLIGATIONS UNDER THESE TERMS.
12.2 INTELLECTUAL PROPERTY RIGHTS. ALL INTELLECTUAL PROPERTY RIGHTS (DEFINED BELOW) IN OR ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ALL VIDEO TUTORIALS AND WORKBOOKS) SHALL BE OWNED BY US AND SHALL REMAIN OUR EXCLUSIVE PROPERTY. YOU AGREE THAT NOTHING IN THESE TERMS CONSTITUTES A TRANSFER IN OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS TO YOU. INTELLECTUAL PROPERTY RIGHTS: PATENTS, RIGHTS TO INVENTIONS, COPYRIGHT AND RELATED RIGHTS, TRADE MARKS, BUSINESS NAMES AND DOMAIN NAMES, RIGHTS IN GET-UP, GOODWILL AND THE RIGHT TO SUE FOR PASSING OFF, RIGHTS IN DESIGNS, DATABASE RIGHTS, RIGHTS TO USE, AND PROTECT THE CONFIDENTIALITY OF, CONFIDENTIAL INFORMATION (INCLUDING KNOW-HOW), AND ALL OTHER INTELLECTUAL PROPERTY RIGHTS, IN EACH CASE WHETHER REGISTERED OR UNREGISTERED AND INCLUDING ALL APPLICATIONS AND RIGHTS TO APPLY FOR AND BE GRANTED, RENEWALS OR EXTENSIONS OF, AND RIGHTS TO CLAIM PRIORITY FROM, SUCH RIGHTS AND ALL SIMILAR OR EQUIVALENT RIGHTS OR FORMS OF PROTECTION WHICH SUBSIST OR WILL SUBSIST NOW OR IN THE FUTURE IN ANY PART OF THE WORLD.
12.3 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE. WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO ANOTHER ORGANISATION.
12.4 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE. YOU MAY ONLY TRANSFER YOUR RIGHTS OR YOUR OBLIGATIONS UNDER THESE TERMS TO ANOTHER PERSON IF WE AGREE TO THIS IN WRITING.
12.5 NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT. THIS CONTRACT IS BETWEEN YOU AND US. NO OTHER PERSON SHALL HAVE ANY RIGHTS TO ENFORCE ANY OF ITS TERMS.
12.6 IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE. EACH OF THE PARAGRAPHS OF THESE TERMS OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF THEM ARE UNLAWFUL, THE REMAINING PARAGRAPHS WILL REMAIN IN FULL FORCE AND EFFECT.
12.7 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER. IF WE DO NOT INSIST IMMEDIATELY THAT YOU DO ANYTHING YOU ARE REQUIRED TO DO UNDER THESE TERMS, OR IF WE DELAY IN TAKING STEPS AGAINST YOU IN RESPECT OF YOUR BREAKING THIS CONTRACT, THAT WILL NOT MEAN THAT YOU DO NOT HAVE TO DO THOSE THINGS AND IT WILL NOT PREVENT US TAKING STEPS AGAINST YOU AT A LATER DATE. FOR EXAMPLE, IF YOU MISS A PAYMENT AND WE DO NOT CHASE YOU BUT WE CONTINUE TO PROVIDE THE PROGRAM, WE CAN STILL REQUIRE YOU TO MAKE THE PAYMENT AT A LATER DATE.
12.8 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS. THESE TERMS ARE GOVERNED BY AUSTRALIAN LAW AND YOU CAN BRING LEGAL PROCEEDINGS IN RESPECT OF THE PROGRAM IN THE AUSTRALIAN COURTS.
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