Our Programs, Products, and Services are owned and operated by ANTZ
Digital which is a digital marketing consultancy business
(“Company”, “we”, or “us”).
The term “you” refers to any
purchaser and/or user of any of our Programs, Products and/or
Services.
These Terms of Use for our Programs, Products,
and Services (“Terms of Use”) state how you may use our Programs,
Products, Services, Program Materials, and Copy.
“Programs,
Products and Services” are defined as any paid program or service,
group course or program, e-course, downloadable information product,
e-book or other service or course where we provide content for
educational and informational purposes that is not permitted to be
used in your own business for commercial use or in a way that earns
you money. Programs, Products, and Services may be delivered in ways
including but not limited to in-person, phone, Skype, webinars,
tele-seminars, videos, audios, books, e-books, products, social
media, blog articles, or otherwise in a variety of settings such as
individual coaching sessions, group programs, classes, workshops,
events, retreats, seminars, consultations, or trainings.
“Program
Materials” are defined as any video, audio, printed or written text
or prep work, online or printed documents, or other materials
created by us that are provided to you strictly in preparation for
our work together to develop Copy, or for your educational and
informational purposes, or through our “Programs, Products and
Services.”
“Copy Services” are a specific type of
“Programs, Products, and Services” that include copywriting services
where we write and/or advise you about Copy, and may include
copywriting appointments and/or Copy Coaching sessions or other
communications.
“Sales Funnel Design Services” are a
specific type of “Programs, Products, and Services” that include
online or web-based sales funnel creation and design where we create
and/or design the sales funnel sequences, including designing the
sales offers, including writing and/or advising you about the sales
funnel design and may include copywriting and/or Sales Funnel
Coaching sessions or other communications.
“Email
Marketing Copy Services” are a specific type of “Programs, Products,
and Services” that include designing and writing email sequence
services where we write and/or advise you about writing email
sequences and may include appointments and/or Email Marketing
Coaching sessions or other communications.
“Copy” is the
printed, written or spoken text that we create or co-create with you
to share privately or publicly and use in a variety of ways in your
business for business or commercial purposes or in any way that
earns you money, such as on your own website, in videos, audios or
marketing materials.
“Services” refers to all services
rendered by us with regard to copy and/or copywriting, sales funnel
design, email marketing copy and coaching sessions that are
conducted either by us or our partners.
Please read
these Terms of Use carefully.
We reserve the right to change
these Terms of Use from time to time without notice. By purchasing
or using any of our Programs, Products, Services, Program Materials
or Copy, now or in the future, you are agreeing up front to the
Terms of Use as they appear and are legally bound by them, whether
or not you have read them. If at any time you do not agree with
these Terms of Use, please do not use our Programs, Products and
Services, Program Materials or Copy.
These Terms of Use
require the use of arbitration on an individual basis to resolve
disputes, rather than court trials, and limit the remedies available
to you in the event of a dispute. You fully understand and agree
that by enrolling in, purchasing, and/or using any of our Programs,
Products, Services, Program Materials or Copy that you are waiving
certain legal rights and you are voluntarily agreeing to do so.
Use
and Consent
By purchasing or using any of our Programs,
Products, Services, Program Materials or Copy, you agree to abide by
these Terms of Use as well as our Disclaimer, Terms and Conditions
and Privacy Policy, and any other terms and conditions that may
apply, and are you are required to act in accordance with them.
Accessing, purchasing or using our Programs, Products, Services,
Program Materials or Copy, in any manner constitutes your use of
them and your agreement to be bound by these Terms of Use.
All
of our Programs, Products, Services, Program Materials and Copy are
intended solely for users who are 18 years of age or older. Any
registration by, use of or access to any Programs, Products,
Services, Program Materials or Copy by anyone under age 18 is
unauthorised, unlicensed and in violation of these Terms of Use. You
represent and warrant that you are at least 18 years old.
Intellectual
Property Rights
Our Limited License to You. Our Programs,
Products, Services, and Program Materials are our property and are
protected by copyright, trademark, and other intellectual property
laws.
The content in our Programs, Products, Services and
Program Materials is solely owned by or licensed to us, unless
otherwise indicated. This content includes, but is not limited to,
the design, layout, look, appearance, and graphics of our Programs,
Products, Services and Program Materials or any other material or
aspects of materials provided by us to you. Reproduction is
prohibited other than in accordance with the copyright notice, which
forms part of these Terms of Use.
If you purchase or
access any of our Program Materials or Copy through our Programs,
Products or Services, you will be considered our Licensee. For the
avoidance of doubt, all non-Copy content obtained through us is
solely our property, and you are granted a revocable,
non-transferable license for personal, non-commercial use only,
limited to you only. This means that you may not use our Programs,
Products or Services or the Program Materials in a manner that
constitutes an infringement of our rights or in a manner that has
not been authorized by us.
You are being granted a
limited license to use our Program, Products and Services, Program
Materials and Copy with permission and restrictions. This means that
when you purchase a Program, Product or Service from us, you are
purchasing the limited right to use the Program Materials and Copy
with certain conditions as specified in these Terms of Use.
You
are permitted to use our Programs, Products, Services and Program
Materials as follows:
You may download and/or print Program
Materials for your own personal use. However, you are not permitted
to share, sell, reprint or republish any other of our Program
Materials, including handouts, for resale or mass reproduction
purposes for your own business or commercial use or in any way to
make you money unless we have given you express written
permission.
You are permitted to use Copy as follows:
You
are permitted to share, sell, reprint or republish or use, privately
or publicly, any Copy that you have purchased from us for personal,
business and commercial purposes. Upon purchase, you are provided
with a limited license to use the Copy for your own personal,
business or commercial use in accordance with these Terms of
Use.
Any trademarks, taglines, and logos displayed on
our Program Materials are trademarks belonging to us. All trademarks
reproduced in this Website, which are not the property of or
licensed to us, are acknowledged on the Website. Any use, including
framing, meta tags or other text utilizing these trademarks or other
trademarks displayed, is strictly prohibited without our express
written consent or permission granted herein.
For those
trademarks, taglines, and logos for which you are granted permission
to use, the trademark indicia must be included at all times. Any
marketing or promotional tools and/or Program, Product or Service
titles or any other title or information of ours bearing the
trademark symbols (™) or ® may not be used by you for any reason
without our express written permission.
All rights not
expressly granted in these terms or any express written license are
reserved by us.
Information You Are Prohibited from
Sharing with Others.
As a Licensee, you understand and
acknowledge that our Programs, Products and Services, Program
Materials, and Copy have been created, developed or obtained by us
through the investment of significant time, effort and expense, and
that this information is a valuable, special and unique asset of
ours which needs to be protected from improper and/or unauthorised
use.
When you enroll in or purchase our Programs,
Products or Services, you agree that you are clearly and expressly
prohibited from doing the following:
- You will not copy, share
or steal our Programs, Products, Services, or Program Materials, or
any parts of them.
- You will not in any way use, copy, adapt
or represent any of our Programs, Products, Services or Program
Materials or their content in any way as if they are yours or
created by you. However, you may represent that Copy was created by
you, even if it was co-created by you and us.
- You will not
engage in the improper and/or unauthorised use of our Programs,
Products, Services and Program Materials. Improper and unauthorised
use includes but is not limited to modifying, copying, reproducing,
republishing, uploading, posting, transmitting, translating,
selling, creating derivative works, exploiting, or distributing in
any manner or medium (including by email or other electronic means)
any Program Materials or any other information accessed or purchased
through our Programs, Products or Services, with the exception of
Copy, for your own business or commercial use or in any way that
earns you money.
- You will not duplicate, share, trade, sell,
or otherwise distribute our Programs, Products, Services or Program
Materials to any other person, for their personal, business, or
commercial use or in any way that earns them money, whether it was
known to you or not at the time that you shared the information that
their intention was to use the Program Materials for their own
personal, business or commercial use. This means you cannot share or
sell or any part of our Programs, Products and Services or Program
Materials to someone else so they can copy, reproduce, sell and/or
use them for their own personal, business or commercial use or in
any way that earns them money. You are the only one granted a
limited license to use our Program, Product, Service, and Program
Materials.
- You will not violate our intellectual property
rights, including copyright and trademark rights. Downloading,
printing, or otherwise using our Programs, Products, Services or
Program Materials for your own training purposes in no way gives you
any copyright, trademark, intellectual property or ownership rights
of our Program, Product, Service or Program Materials.
- You
will not reprint or republish any part of our Programs, Products,
Services or Program Materials for publication or compilation into
your own products, programs, services or program materials for your
own personal, business or commercial use or in any way that earns
you money.
- You will not use our Programs, Products, Services
or Program Materials in a manner that constitutes an infringement of
our rights or in a manner that has not been authorised by us by our
prior written consent.
- You may not engage in improper and/or
unauthorised use of our Program Materials or any other information
related to our Programs, Products, or Services. Unless otherwise
explicitly authorised in these Terms of Use, improper and/or
unauthorised use includes but is not limited to modifying, copying,
reproducing, republishing, uploading, posting, transmitting,
translating, selling, creating derivative works, exploiting, or
distributing in any manner or medium (including by email or other
electronic means) to any other person for business or commercial use
or any other that earns them money, any Program Materials or any
other information accessed or purchased through our Programs,
Products or Services or any other communications provided by us
promoting or relating to our Programs, Products or Services.
You
understand and agree that engaging in the prohibited, improper
and/or unauthorised use of our Programs, Products or Services or
Program Materials as set forth in these Terms of Use is considered
theft and stealing and we retain the right to prosecute theft to the
full extent of the law. You agree and understand that prohibited
use, improper and/or unauthorised use may give rise to a civil claim
for damages and/or be a criminal offense.
Your License
to Us. By posting or submitting any material on or through our
Programs, Products, Services or Program Materials, such as comments,
posts, photos, images or videos or other contributions, you are
representing that you are the owner of all such materials, at least
18 years old, and you consent to the following:
We
reserve the right to use any Copy that we created or co-created with
and/or for you, in full or in part, in our current or future
Programs, Products, Services, or Program Materials. In addition,
when you submit to us or post any comment, photo, image, video or
any other submission for use on or through our Programs, products,
Services, Program Materials, or Copy, you are granting us, and
anyone authorized by us, an unlimited, royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide license to use,
copy, modify, transmit, sell, exploit, create derivative works from,
distribute, and/or publicly perform or display such contributions,
in whole or in part, in any manner or medium, now known or developed
in the future, for any purpose, and granting us the right to make it
part of our current or future Website, Programs, Products, Services
and/or Program Materials. This right includes granting us use or
exploitation of proprietary rights or intellectual property rights
like copyright, trademark, service mark, trade secrets, patent
rights or any other of your intellectual property rights under any
relevant jurisdiction without any further permission from you or
compensation by us to you.
You also grant us, and anyone
authorised by us, the right to identify you as the author of any of
Copy, comments, posts, photos, images, videos or other contributions
by name, email address, or screen name. You acknowledge that we have
the right but not the obligation to use and display any
contributions from you of any kind and that we may elect to cease
the use and display of any such contributions in our Programs,
Products, Services and/or Program Materials at any time for any
reason whatsoever.
Media Release. By participating in
our Programs, Products and Services, and using our Program Materials
and Copy, including on social media, you consent to photographs,
videos, audio recordings, transcripts, Copy or written or printed
text that may contain you, your voice and/or your likeness, and we
reserve the right to use them in our sole discretion in our current
or future Program, Product, Services, or Program Materials and/or
our marketing or promotional efforts, without compensation to you at
any time, now or at any time in the future.
Request for
Permission to Use Content
Any request for written permission to
use our Programs, Products, Services or Program Materials, in whole
or in part, or any other intellectual property or property belonging
to us should be made in advance BEFORE you wish to use it by
contacting us.
We very clearly state that you may not
use our Programs, Products, Services or Program Materials, in whole
or in part, in any way that is contrary to these Terms of Use,
unless we have given you specific written permission to do so.
If
you are granted permission by us, you agree to use the specific
content that we allow and ONLY in the ways for which we have given
you our written permission.
If you choose to use the
content in ways that we do not specifically give you written
permission, you agree now that you will be treated as if you had
copied, duplicated and/or stolen such content from us, and you
consent to immediately stop using such content and to take whatever
actions as we may request and by the methods and in the time frame
that we prescribe to protect our intellectual property and ownership
rights in our Programs, Products, Services or Program Materials.
Security
When
you apply for, enroll in, purchase or use our Programs, Products,
Services, Program Materials or Copy, we may seek and collect
personal data and information including but not limited to your
name, e-mail address, phone number, billing information, credit card
or payment information, demographic information, preferences,
interests, or other personally-identifying information
(“Confidential Information”).
By providing such
Confidential Information to us, you grant us permission to use and
store such Confidential Information. We, in turn, will use our best
efforts to keep your Confidential Information safe, secure and
confidential. When you submit Confidential Information via our
Program, Product, Service, Program Materials, or Copy, we take
precautions to protect the security of your Confidential Information
both online and offline.
We have reasonable security
measures in place to prevent the loss, misuse, and alteration of the
information that is obtained from you, but we make no assurances
about our ability to prevent any such loss, misuse, to you or to any
third party arising out of any such loss, misuse, or alteration.
However,
due to the nature of the Internet, we cannot completely ensure or
warrant the security of your Confidential Information or of any
other data or information transmitted to us or through our services;
therefore, submitting Confidential Information, data or other
information to us is done at your own risk. Submitting contributions
or information through our Programs, Products, Services, Program
Materials or Copy is done entirely at your own risk.
We
make no assurances about our ability to prevent any such loss or
damage to you or to any other person, company or entity arising out
of use of our Programs, Products, Services, Program Materials or
Copy and you agree that you are assuming such risks.
Personal
Responsibility and Assumption of Risk
You agree that you are
using your own judgment in using our Programs, Products, Services,
Program Materials and Copy, and you agree that you are doing so at
your own risk. You agree and understand that you assume all risks
and no results are guaranteed in any way related to our Programs,
Products, Services, Program Materials and Copy. You are solely
responsible for your actions, decisions and results based on the
use, misuse or non-use of our Programs, Products, Services, Program
Materials and Copy.
Disclaimer
To the fullest extent
permitted by applicable law, we expressly exclude any liability for
any direct, indirect or consequential loss or damage incurred by you
or others in connection with our Programs, Products, Services,
Program Materials, and/or Copy, including without limitation any
liability for any accidents, delays, injuries, harm, loss, damage,
death, lost profits, personal or business interruptions,
misapplication of information, physical or mental disease, condition
or issue, physical, mental, emotional, or spiritual injury or harm,
loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipated savings, loss of data, loss of
goodwill, wasted time and for any other loss or damage of any kind,
however and whether caused by negligence, breach of contract, or
otherwise, even if foreseeable. You specifically acknowledge and
agree that we are not liable for any defamatory, offensive or
illegal conduct of any other Program, Product, Service or Program
Materials participant or user, including you.
Medical
Disclaimer.
Our Programs, Products, Services, Program Materials
and Copy are not to be perceived as or relied upon in any way as
medical advice or mental health advice. Do not disregard
professional medical advice or delay seeking professional advice
because of information you have read in our Programs, Products,
Services, Program Materials, and Copy or received from us. Do not
stop taking any medications without speaking to your physician,
nurse practitioner, physician assistant, mental health provider or
other health care professional. If you have or suspect that you have
a medical or mental health issue, contact your own health care
provider promptly. We are not providing health care or medical
services or attempting to diagnose, treat, prevent or cure in any
manner whatsoever any physical ailment, or any mental or emotional
issue, disease or condition. We are not giving medical,
psychological, or religious advice whatsoever.
Legal and
Financial Disclaimer.
Our Programs, Products, Services, Program
Materials and Copy are not to be perceived or relied upon in any way
as business, financial or legal advice. The information provided
through our Programs, Products, Services, Program Materials and Copy
is not intended to be a substitute for professional advice that can
be provided by your own accountant, lawyer, or financial advisor. We
are not giving financial or legal advice in any way. You are hereby
advised to consult with your own accountant, lawyer or financial
advisor for any and all questions and concerns you have regarding
your own income and taxes pertaining to your specific financial
and/or legal situation. You agree that we are not responsible for
your earnings, the success or failure of your business decisions,
the increase or decrease of your finances or income level, or any
other result of any kind that you may have as a result of
information presented to you through our Programs, Products,
Services, Program Materials and Copy. You are solely responsible for
your results.
Earnings Disclaimer.
You acknowledge
that we have not and do not make any representations as to the
future income, expenses, sales volume or potential profitability or
loss of any kind that may be derived as a result of your
participation in this Program, Product, Services or use of our
Program Materials or Copy. We cannot and do not guarantee that you
will attain a particular result, positive or negative, financial or
otherwise, through the use of our Programs, Products, Services,
Program Materials and Copy, and you accept and understand that
results differ for each individual. We also expressly disclaim
responsibility in any way for the choices, actions, results, use,
misuse or non-use of the information provided or obtained through
any of our Programs, Products, Services, Program Materials and Copy.
You agree that your results are strictly your own and we are not
liable or responsible in any way for your results.
Warranties
Disclaimer.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS,
SERVICES, PROGRAM MATERIALS OR COPY. YOU AGREE THAT PROGRAMS,
PRODUCTS, SERVICES, PROGRAM MATERIALS AND COPY ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS,
PRODUCTS, SERVICES, PROGRAM MATERIALS OR COPY WILL BE FUNCTIONAL,
UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF OUR PROGRAM, PRODUCT OR SERVICES, PROGRAM MATERIALS OR COPY
OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
Technology
Disclaimer.
We try to ensure that the availability and delivery
of our Programs, Products, Services Program Materials and Copy is
uninterrupted and error-free, including our content and
communications through methods like our Website, member forum,
private Facebook groups, e-mail communications, videos, audio
recordings, webinars, recorded webinars, tele-seminars, recorded
tele-seminars, emails, downloadable Mp3 audio files, downloadable
PDF printed transcripts, downloadable PDF handouts/slides, handouts,
e-books, or any other materials provided by us to you. However, we
cannot guarantee that your access will not be suspended or
restricted from time to time, including to allow for repairs,
maintenance or updates, although, of course, we will try to limit
the frequency and duration of suspension or restriction. To the
fullest extent permitted by law, we will be not be liable to you for
damages or refunds, or for any other recourse should our Programs,
Products, Services, Program Materials and Copy become unavailable or
access to the them becomes slow or incomplete due to any reason,
such as system back-up procedures, internet traffic volume,
upgrades, overload of requests to the servers, general network
failures or delays, or any other cause which may from time to time
make our Programs, Products, Services, Program Materials and Copy
inaccessible to you.
Errors and Omissions.
We make
no warranty or guarantee as to the accuracy, timeliness,
performance, completeness or suitability of the information in our
Programs, Products, Services, Program Materials and Copy. Every
effort has been made to present you with the most accurate,
up-to-date information, but we cannot be held responsible or
accountable for the accuracy of our content. You acknowledge that
such information may contain inaccuracies or errors and we are not
liable for any such inaccuracies or errors to the fullest extent
permitted by law.
Links to Other Websites.
We may
provide links and pointers to other websites maintained by third
parties that may take you outside of our Programs, Products,
Services, Program Materials and Copy. These links are provided for
your convenience and the inclusion of any link in our Programs,
Products, Services, Program Materials and Copy to any other website
does not imply our endorsement, sponsorship, or approval of that
website or its owner. We do not endorse and we are not responsible
for the views, opinions, facts, advice, or statements provided by
external resources, or their accuracy or reliability. We assume no
responsibility for errors or omissions caused by other websites that
may be included in our Programs, Products, Services, Program
Materials and Copy. We have no control over the contents or
functionality of those websites and so we accept no responsibility
for any loss, damage, or otherwise that may arise from your use of
them and therefore we do not guarantee the accuracy, completeness,
or usefulness of any other website or their content. It is your
responsibility to review the terms and conditions and privacy
policies of those linked websites to confirm that you understand and
agree with those policies.
By purchasing and/or using
our Programs, Products, Services, Program Materials and Copy in any
way or for any reason, you also implicitly agree to our full
Disclaimer which can be found on this page.
Indemnification,
Limitation of Liability and Release of Claims
Indemnification.
You agree at all times to defend, indemnify and hold us harmless, as
well as any of our affiliates, agents, contractors, officers,
directors, shareholders, employees, joint venture partners,
successors, transferees, assignees, and licensees, as applicable,
from and against any and all claims, causes of action, damages,
liabilities, costs and expenses, including legal fees and expenses,
arising out of or related to our Programs, Products, Services,
Program Materials and Copy, or your breach of any obligation,
warranty, representation or covenant set forth in these Terms of Use
or in any other agreement with us, to the fullest extent permitted
by applicable law.
Limitation of Liability. We will not
be held responsible or liable in any way for the information,
products or materials that you request or receive through or on our
Programs, Products, Services, Program Materials and Copy. We do not
assume liability for accidents, delays, injuries, harm, loss,
damage, death, lost profits, personal or business interruptions,
misapplication of information, physical or mental disease, condition
or issue, or otherwise, due to any act or default of anyone or any
business, whether owners, staff, agents, joint venture partners,
contractors, vendors, affiliates or otherwise, affiliated with us.
We do not assume liability for any owners, staff, agents, joint
venture partners, contractors, vendors, affiliates or otherwise who
is engaged in rendering our Programs, Products, Services, Program
Materials and Copy, or in any way. In the event that you use our
Programs, Products, Services, Program Materials and Copy or any
other information provided by us or affiliated with us, to the
extent that is legally permissible under applicable law, we assume
no responsibility.
Release of Claims. In no event will
we be liable to any party for any type of direct, indirect, special,
incidental, equitable or consequential damages for any use of or
reliance on our Programs, Products, Services, Program Materials and
Copy, or on those affiliated with us in any way, and you hereby
release us from any and all claims; including, without limitation,
those related to lost profits, personal or business interruptions,
personal injuries, accidents, misapplication of information, or any
other loss, physical or mental disease, condition or issue, or
otherwise, even if we are expressly advised of the possibility of
such damages or difficulties, to the fullest extent allowable by
law.
Your Conduct. You are agreeing that you will not
use our Programs, Products, Services, Program Materials and Copy in
any way that causes or is likely to cause the Programs, Products,
Services, Program Materials and Copy or access to them either to be
interrupted, damaged or impaired in any way. You understand that you
are solely responsible for all electronic communications and content
sent from your computer to us.
You must use the Programs,
Products, Services, Program Materials and Copy for lawful purposes
only. You agree that you will not use our Programs, Products,
Services, Program Materials and Copy in any of the following
ways:
- For fraudulent purposes or in connection with a
criminal offence or otherwise carry out any unlawful activity
-
To send, use or re-use any material that is illegal, offensive,
abusive, indecent, harmful, defamatory, obscene or menacing,
threatening, objectionable, invasive of privacy, in breach of
confidence, infringing of any intellectual property rights, or that
may otherwise may injure others
- To send, negatively impact,
or infect our Programs, Products, Services, Program Materials and
Copy with software viruses or any other harmful or similar computer
code designed to adversely affect the operation of any computer
software or hardware, commercial solicitation, chain letters, mass
mailings or any spam, whether or not intended
- To cause
annoyance, inconvenience or needless anxiety
- To impersonate
any third party or otherwise mislead as to the origin of your
contributions
- To reproduce, duplicate, copy or resell any
part of our Programs, Products, Services, Program Materials and Copy
in a way that is not in compliance with these Terms of Use or any
other agreement with us.
Communication Guidelines
If
you have a question or concern about your Programs, Products,
Services, Program Materials or Copy, you may contact us and we will
do our best to reply to your question or concern promptly.
Purchases
and Online Commerce
If paying by Stripe, debit card, or credit
card, you give us permission to automatically charge your credit or
debit card as payment for your Programs, Products, Services, Program
Materials and Copy without any additional authorisation, for which
you will receive an electronic receipt. Should you be provided with
a Stripe invoice, you are required to manually pay it by the date
due on the invoice or your Programs, Products, Services, Program
Materials and Copy will be put on hold until payment is made.
In
the event that payment is not received by the date due, you will
have a three (3) day grace period to make the payment otherwise the
Programs, Products, Services, Program Materials and Copy will not
continue, and we reserve the right to cease your access to them
immediately and permanently.
If you fail to make payment
in a timely manner in accordance with these Terms of Use or
voluntarily decide to withdraw from our Programs, Products,
Services, Program Materials and Copy Services at any time or for any
reason whatsoever, you still will remain fully responsible for the
full cost of the Programs, Products, Services, Program Materials and
Copy.
All information obtained during your purchase or
transaction for our Programs, Products, Services, Program Materials
and Copy and all of the information that you give as part of the
transaction, such as your name, address, method of payment, credit
card number, and billing information, may be collected by both us
and our payment processing company.
You agree to only
purchase our Programs, Products and Services for yourself or for
another person for whom you are legally permitted to do so or for
whom you have obtained the express consent to provide their name,
address, method of payment, credit card number, and billing
information.
You agree to be financially responsible for
all purchases made by you or someone acting on your behalf. You
agree to use our Programs, Products, Services, Program Materials and
Copy for legitimate, non-commercial purposes only and not for
speculative, false, fraudulent, or illegal purposes.
Since
we have a clear and explicit Refund Policy in these Terms of Use
that you have agreed to prior to completing the purchase of any of
our Programs, Products, Services, Program Materials and Copy, we do
not tolerate or accept any type of chargeback threat, reversal of
payment, payment cancellation, actual chargeback or claim from your
credit card company, Stripe, financial institution or any other
payment service.
In the event that a chargeback, reversal
of payment, or payment cancellation is initiated by you or we
receive a chargeback threat, we reserve the right to report the
incident to all three credit reporting agencies, or to any other
entity for inclusion in any chargeback database or for listing as a
delinquent account, which could have a negative impact on your
credit report score. The information reported will include your
name, email address, payment date, payment amount, and billing
address. Chargeback abusers wishing to be removed from the database
shall make the payment for the amount of the chargeback.
We
also reserve our right to seek payment from you for any delinquent
payment that is not provided by or upon the date due by enlisting
the help of a collections agency, and we may exercise our right to
report your delinquent payment to all three credit reporting
agencies, either directly or through the help of a collections
agency.
If you make a purchase from one of our
affiliates, or any other individual or company through a link
provided on or through our Programs, Products, Services, Program
Materials or Copy Services (“Merchant”), all information obtained
during your purchase or transaction and all of the information that
you give as part of the transaction, such as your credit card number
and contact information, may be collected by the Merchant and their
payment processing company as well. Your participation,
correspondence or business dealings with any affiliate, individual
or company on or through our Programs, Products, Services, Program
Materials and Copy, and all purchase terms, conditions,
representations or warranties associated with payment, refunds,
and/or delivery related to your purchase, are solely between you and
the Merchant. You agree that we shall not be responsible or liable
for any loss, damage, refunds, or other matters of any sort that
incurred as the result of such dealings with a Merchant.
Payment
processing companies and Merchants may have privacy and data
collection practices that are different from ours. We have no
responsibility or liability for these independent policies of the
payment processing companies and Merchants. In addition, when you
make certain purchases through our Programs, Products, Services,
Program Materials and Copy, you may be subject to the additional
terms and conditions of a payment processing company, Merchant or us
that specifically apply to your purchase. For more information
regarding a Merchant and any terms and conditions that may apply,
visit that merchant’s Website or contact the Merchant directly.
You
release us, our affiliates, our payment processing company, and
Merchants from any damages that you incur, and agree not to assert
any claims against us or them, arising from your purchase through or
use of our Programs, Products, Services, Program Materials, and
Copy.
Rescheduling or Cancelling Appointments
If
you have booked and scheduled an appointment or Coaching session or
other meeting with me (“Appointment”) and you need to reschedule or
cancel, you must contact us at least 24 hours in advance so we may
select an alternative mutually-agreeable time for your make-up
session. However, for Appointments that you attempt to reschedule or
cancel less than 24 hours in advance of the scheduled time, you will
forfeit the Appointment and you will not have the opportunity to
reschedule it or make it up.
Missed Appointments
Should
you miss your scheduled Appointment without providing at least 24
hours advance notice, you forfeit it. Because we have made time
available in the schedule, it affects how many other clients may be
served, and for that reason, we do not offer make-up sessions for
“no-shows” or missed Appointments.Refund PolicyYour satisfaction
with your Programs, Products, Services, Program Materials and Copy
is important to us. Yet, because of the extensive time, effort,
preparation and care that goes into creating and/or providing our
Programs, Products, Services, Program Materials and Copy, we have a
no refund policy. Unless otherwise provided by law, you acknowledge
that we do not offer refunds for any portion of your payment for any
of our Programs, Products, Services, Program Materials and Copy, and
no refunds will be provided to you at any time. By using and/or
purchasing any of our Programs, Products, Services, Program
Materials and Copy, you understand and agree that all sales are
final, and no refunds will be provided.
No Guarantees
You
agree that all Services are based on payment for time, and not by
project length or project satisfaction. While we attempt to deliver
Copy that meets your goals and objectives that we both have agreed
upon at the outset of our work together, there are no guarantees as
to your satisfaction with the length, content, or language of the
Copy, or any other anticipated result. We also do not imply, state
or guarantee any number of sales or conversions you might expect to
receive through using our Copy Services or the Copy itself, or
whether you or others will like your Copy at the time it is
presented to you. After the Copy has been presented to you by us, if
you seek revisions to the Copy, or someone other than you has
requested Copy revisions, you may be required to pay additional fees
for any revisions. The amount of the fees for revisions may vary
based upon our sole discretion and judgment.
Termination
You
have the right to terminate your use of or participation in our
Programs, Products or Services, Program Materials and Copy at any
time by contacting us in writing.
We reserve the right
in our sole discretion to refuse or terminate your access to our
Programs, Products, Services, Program Materials or Copy, in full or
in part, at any time, without notice, by sending you an email to the
email address you provided to us during registration or
enrollment.
In the event of cancellation or termination
by either of us, you will have 24 hours to pay any and all remaining
payments or balances that are owed to us.
Upon
termination by either of us, we reserve the right to immediately
refuse or terminate your access to any aspect of our Programs,
Products, Services and/or our Program Materials and Copy, including
but not limited to our Website, private forum, e-mail
communications, Facebook groups, live webinars or conference calls,
or any other method of communications related to our Programs,
Products, Services, Program Materials and Copy at any time without
notice and in our sole discretion.
All of the terms of
this Terms of Use, including but not limited to all copyright,
trademark, and intellectual property rights, disclaimers,
limitations of liability, release of claims, and our Refund Policy
will still apply now and in the future, even after termination by
you or us.
Governing Law
These Terms of Use shall
be construed according to the laws and regulations of Malaysia.
Dispute
Resolution
It is hoped that should we ever have any
differences, we would be able to work them out amiably through email
correspondence. However, should we be unable to seek resolution
within a reasonable time, you agree now that the only method of
legal dispute resolution that will be used is binding arbitration
before a single arbitrator, selected jointly, in accordance with the
Arbitration Act of Malaysia 2005 (Act 646). Prior to seeking
arbitration, you must contact us in writing and include all of your
reasons for dissatisfaction with your Program, Products, Services,
Program Materials, or Copy. You understand and agree now that the
only remedy that can be awarded to you through arbitration is full
refund of your Payment made to date. No other actions or financial
awards of consequential damages, or any other type of damages, may
be granted to you. We both agree now that the decision of the
arbitrator is final and binding, and may be entered as a judgment
into any court having the appropriate jurisdiction.
By
purchasing our Programs, Products, Services, Program Materials or
Copy you are agreeing to a modification of the statute of
limitations such that any arbitration must be begun within one (1)
year of the date of your email referenced above or you waive the
right to seek dispute resolution by arbitration or to take any other
legal action.
You also agree that should arbitration
take place, it will be held in Malaysia where my business is
located, and the prevailing party shall be entitled to all
reasonable attorneys’ fees and all costs necessary to enforce the
decision of the arbitrator.
In the event of a dispute
between us, you agree to not engage in any conduct or
communications, public or private, including on social media,
designed to disparage us, our Company, or any of our Programs,
Products, Services, Program Materials or Copy. Where requested by
law or arbitration, of course, you are not prohibited from sharing
your thoughts and opinions as a part of the legal process.
If
any terms of these Terms of Use are construed to be invalid or
unenforceable for any reason, it shall not affect the validity or
enforceability of any other term which shall be given full force and
effect.
Confidentiality and Privacy
Confidential
Information. To use our Programs, Products, Services, Program
Materials or Copy, we may seek personal data or information
including your name, e-mail address, phone number, street address,
billing information, birthday, preferences, interests, assignments,
or other personally-identifying information (“Confidential
Information”), or you may offer or provide a comment, photo, image,
video or any other submission to us when using or participating in
our Programs, Products, Services, Program Materials or Copy (“Other
Information”). By providing such Confidential Information or Other
Information to us, you grant us permission to use and store such
information. We, in turn, will use our best efforts to keep your
Confidential Information safe, secure and confidential in accordance
with these Terms of Use and our full Privacy Policy which may be
found on our Website. If you believe that any of your Confidential
Information is incorrect or incomplete, please contact us as soon as
possible. We will promptly correct any Confidential Information
found to be incorrect.
What We Do With Confidential
Information. We request and require various personal data and/or
Confidential Information to understand your needs and provide you
with better services. In addition, we may use such data and
Confidential Information for the following reasons: (1) for internal
record keeping, (2) to improve our Programs, Products, Services or
Program Materials, (3) to periodically send promotions about new
Programs, Products or Services or other special offers from which
you may unsubscribe at any time, (4) for aggregate, non-identifiable
data for research purposes, (5) to customise the respective
Programs, Products, Services, Program Materials or Copy that you
purchase or use according to your interests and/or (6) for support
or communication related to your Program, Product, Service, Program
Materials or Copy.
Storage. All data and Confidential
Information is stored through a data management system. This data
and Confidential Information can only be accessed by those who help
manage that information in order to deliver e-mail or otherwise
contact those who would like to receive our correspondence. You
agree and acknowledge that we, including but not limited to our
team, staff and affiliates, and those who manage the data management
system may have access to your Confidential Information.
Confidentiality
and Disclosure. All Confidential Information will be held in
confidentiality and will not be disclosed to third parties, except
that we may disclose Confidential Information and personally
identifiable information: (1) pursuant to this terms of these Terms
of Use and Privacy Policy and our Disclaimer, (2) if we are required
to do so by law, (3) in the good-faith belief that such action is
necessary to conform to the law, (4) to comply with any legal
process served on either us or our partners, sponsors, investors, or
affiliates, (5) to protect and defend our rights or property or
those of our users or purchasers, and/or (6) to act as immediately
necessary in order to protect the personal safety of our users,
purchasers, or the public. We will not sell, distribute or lease
your Confidential Information to third parties unless we have your
permission or are required by law to do so.
Viewing by
Others. Note that whenever you make your Confidential Information or
Other Information available for viewing by others such as through
our Programs, Products, Services, Program Materials, Copy, Website
or social media, the Confidential Information or Other Information
that you share also can be seen, collected and used others, and
therefore, we cannot be responsible for any unauthorised use by
others of such Confidential Information or Other Information that
you voluntarily share online or in any other manner.
How
We Use Cookies. We may use the standard “cookies” feature of major
web browsers. We do not set any Confidential Information in cookies,
nor do we employ any data-capture mechanisms on our Website other
than cookies. You may choose to disable cookies through your own web
browser’s settings. However, disabling this function may diminish
your experience on the Website and some features of our Programs,
Products, Services or Program Materials may not work as intended. We
have no access to or control over any information collected by other
individuals, companies or entities whose website or materials may be
linked to our Programs, Products, Services or Program Materials.
Passwords.
To use certain features of our Programs, Products, Services, Program
Materials, or Copy you may be issued a group username and password
or a unique individual username and password, which you will receive
through your registration and/or purchase process. You may be able
to change your username and/or password of your choosing. You are
responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities (whether by you or
by others) that occur under your password or account. You are not
permitted to share your username and/or password with anyone. If we
learn you have shared your username and/or password with another
person, we reserve the right to immediately terminate your access to
the Program, Product, Service, Program Materials, Copy, Website,
private forum, Facebook group or any other related communication. It
is your responsibility to protect your own password from disclosure
to others. We cannot and will not be liable for any loss or damage
arising from your failure to protect your password or account
information. You are responsible for activities that take place
using your password(s) and within your account. If you share your
password(s) with anyone, they may be able to obtain access to your
personal information at your own risk. You agree to notify us
immediately of any unauthorized use of your password or account or
any other breach of security, and to ensure that you exit from your
account at the end of each session. By using our Programs, Products,
Services, Program Materials and Copy you agree to enter true and
accurate information as part of the registration, purchase process
and otherwise. If you enter a false email address, we have the right
to immediately deactivate your account. We will use our best efforts
to keep your password(s) private and will not otherwise share your
password(s) without your consent, except as necessary when the law
requires it or in the good faith belief that such action is
necessary, particularly when disclosure is necessary to identify,
contact or bring legal action against someone who may be causing
injury to others or interfering with our rights or property.
If
you have any questions about any term of these Terms of Use, please
contact us.