TERMS AND CONDITIONS:
1.Definitions and Interpretation
1.1.Definitions
In these Terms of Use:
Affiliate means as set out in Part C - Affiliate Agreement.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in the state or territory in which Our principal place of business operates.
Business Hours means 9:00am – 5:00pm on Business Days.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Licence means as set out in clause 2.1 of Part A.
Member means any person who registers on the Website as a customer, a student, subscriber or visitor.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Online Courses means as set out in the Training Materials in clause 4.2 of Part A.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act2009 (Cth).
Privacy Policy means Our Privacy Policy as set out in Part B.
Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.
“We”, “Our” and “Us” means Barry Nicolaou ABN: 27 915 045 158.
“Website” means the website, the homepage URL of which is specified above and also includes the Online Courses and any content, images, text and other information appearing on any page of the Website and any source code and object code in the Website, plus any database which forms part of or which the Website interacts with.
“You” means you, the person who accesses this Website for any reason, whether or not You are an Affiliate or a Member of the Website.
1.2.Interpretation
In these Terms of Use:
(a)Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
(b)A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
(c)Currency refers to Australian Dollars.
(d)A reference to a statute or regulation includes amendments thereto.
(e)A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
(f)A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g)The warning at the top of these Terms of Use forms part of the binding terms and conditions of these Terms of Use.
(h)A reference to time is to time in the state or territory in which Our principal place of business is located.
(i)A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(j)The words “includes”, “including” and similar expressions are not words of limitation.
2.Licence to be granted to access and browse the Website
2.1.We hereby grant You a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to access and browse the Website (the “Licence”). For the avoidance of doubt, the Licence does not give You any right to access the Online Courses unless you have registered and paid for the Online Courses .
2.2.You agree and acknowledge that if You are an Affiliate or You become a Member You agree to be bound by these terms and conditions.
3.Registration
3.1.We reserve the right to accept or reject any person’s registration on the Website in Our absolute discretion.
3.2.If You register on the Website, You agree that during the registration process You will provide truthful and accurate information only.
3.3.You must ensure, without limiting clause 3.2, that You provide a valid email address at the time of registration.
3.4.We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on this Website if Your rights to the email address are not so verified.
3.5.If any of Your contact details or other information which You provide during the registration process changes, You must promptly update Your registration details on the Website with Your up-to-date details and information.
3.6.You must not provide Your account name or password for Your account on this Website to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your registered account (including unauthorised use) on this Website.
3.7.You must immediately notify Us if You become aware of any unauthorised use of Your account on this Website.
4.Online Courses
4.1.Only Members may access the Online Courses after We have received payment for the Online Courses.
4.2.The terms in this clause 4 apply to Our Online Courses and Your use of the links and training materials that We supply in online training (may include MP3s, video, PDFs, emails and audio) ('Training Materials’). By paying for any Training Material You agree to be bound by these terms and conditions. Any illegal download of the Training Materials, including downloading without payment, is a breach of copyright.
4.3.In order to participate in the Online Courses you will require access to Your own personal email account, internet or WIFI access and a computer or laptop. These may be personal out of pocket expenses which You may incur and We are not responsible for such expenses. We suggest You consider any information technology or IT support You will require for the purposes of completing the Online Courses before You complete any payment transaction on this Website.
4.4.Duration of Online Courses:
Upon enrolling into the Online Courses and finalising Your payment, We will grant You 3 months access to complete the Online Courses on the Website. Extension in time for completion of Online Courses will only be granted in extenuating circumstances and at Our sole discretion. If there is any issue in completing the Online Courses by the expiry date of Your access availability, please email Our administration immediately at [email protected] . On completion of any Online Course, You will receive an electronic Certificate of Completion.
4.5.Legal Indemnity:
Whilst We take care to deliver a quality program responsibility, You agree that by enrolling in the Online Courses, to the extent available at law, Our liability to You is limited to, a refund of the cost of the Online Courses, or opportunity to perform the Online Courses again.
To the extent that any aspect of the Online Courses is a recreation, personal or leisure activity, You agree to release Us and Our agents, including Barry Nicolaou, from any claims or demands as a result of Your participation and enrolment in the Online Courses, and You agree to indemnify Barry Nicolaou and its agents against any third party claim in respect of the above.
4.6.Online Course Costs, Payment Plans and Refunds:
(a)You can purchase Our Online Courses by payment in advance. You can now enrol online and pay for any of Our Online Courses in full at https://www.the11mastersecrets.com/collections.
(b)We can offer You the option of paying for part payment of the Online Courses known as the ‘Premium course’ and ‘Mini course’ in full at 3 payment stages. From the date of purchase an automatic direct debit payment will be made to Us (through the debit or credit card You have provided), per month until the course is paid in full. This equates to 3 monthly payments in advance.
(c)The total cost of the Premium and Mini Online Courses in part payment instalments is slightly more, as follows:
•Premium course = AUD$2,100.00 in total, paid over 3 monthly instalments at the cost of AUD$700.00; and
•Mini course = AUD$1,041.00 in total, paid over 3 monthly instalments at the cost of $347.00.
(d)For the avoidance of doubt, the option for part payments does not apply to any of the Individual Lessons which forms part of the Online Courses. Individual Lessons must be paid in advance.
(e)At this time we are charging the Online Courses fee in Australian dollars, rather than US dollars, to minimise current exchange rates issues and keep the price accessible for those living outside of the United States. Please keep in mind that the course cost many change in amount and currency in response to market forces in due course. We reserve the right to review course fees and make increases.
4.7.Refunds of Cost of Online Courses:
We make no guarantee regarding the Online Courses other than any implied consumer guarantees that cannot be limited by law. In Australia, Your rights to compensation will be governed by the Australian Consumer Law. If there has been a major failure in the delivery of the Online Course or any of its stages, for example it does not correspond with Our description or other consumer guarantee, You have the right to request we provide the service again or receive a refund of the fees paid in respect of the Online Course. You are not entitled to cancel the Online Course and receive a refund simply because You have changed Your mind. We will consider each application for a refund on a case by case basis.
4.8.Resolving Issues:
If You are dissatisfied with any aspect of the Online Courses, please email Our administration at [email protected] and we will arrange a way to communicate with each other on the matter. We care about Our customers and We wish to work together to resolve any issues.
5.Payment Gateway
5.1.We utilise a third party payment gateway provided by STRIPE (“Payment Gateway”) to process payments made to Us via Our Website.
5.2.If You make credit card payments on Our Website You acknowledge and understand:
(a)the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b)except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur;
(c)You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway We use on this Website meets Your requirements; and
(d)You have read, understand and agree to comply with the applicable terms and conditions of, and have read, understood and agree with the privacy policy of, the Payment Gateway provider (collectively the “Payment Gateway Agreement”), copies of which are available on the Payment Gateway provider website.
5.3.You indemnify Us in respect of any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.
6.Licence Restrictions
6.1.You may not make any use of the Website except as permitted by the Licence and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions of the Licence, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:
(a)Copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
(b)do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c)use the Website in any way that infringes Our rights or the rights of any third party; or
(d)take any steps to circumvent any technological protection measure or security measures in the Website.
6.2.You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
6.3.You must not use the Website or any part of the Website in breach of these Terms of Use.
7.Intellectual Property Rights
7.1.You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
7.2.As between You and Us, We own all Intellectual Property Rights in the Website, for the avoidance of doubt this includes all Online Courses and Training Materials.
7.3.You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to the Licence.
7.4.You agree that any Intellectual Property Rights in any content which You provide to Us or upload or post to the Website such as feedback that You provide to Us about the Website or suggestions or recommendations for improvement to the Website (“User Content”) becomes Our sole and exclusive property immediately upon You uploading or posting that content, and You hereby agree to assign all Intellectual Property Rights in all and any such content to Us effective as soon as You upload or post the content to the Website, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You waive all Moral Rights that You may have to any User Content and consent to Us and any third party We authorise to infringing all and any such Moral Rights in Our absolute discretion.
7.5.You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Website or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or under the Licence.
8.Hyperlinks
8.1.We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
9.Termination
9.1.If you are not a Member, We may terminate these Terms of Use and Your access to the Website or any part of it at any time without notice.
9.2.If You are a Member or Affiliate, We may terminate these Terms of Use and Your access to the Website by notice to You if:
(a)You breach any material term of these Terms of Use; or
(b)where reasonably necessary to protect Our legitimate interests.
9.3.We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate interests.
9.4.Termination of these Terms of Use and access to the Website does not affect any accrued rights of either party.
9.5.If You are a Member or Affiliate and We terminate these Terms of Use and/or Your access to the Online Courses, We will refund to You any part of any fees and charges paid by You for access to the Online Courses that You have paid to Us in advance in respect of a period of time that has not expired as at the date of termination.
10.Notices
10.1.A notice under these Terms of Use shall be sent by hand delivery, post or email.
10.2.Any notice issued by hand shall be deemed delivered upon delivery.
10.3.Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
10.4.Any notice issued via email shall be deemed to be delivered upon the email being sent, provided that if an email is sent out of Business Hours, it shall be deemed to be delivered at 9am on the next Business Day.
11.General
11.1.Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.
11.2.Amendment: These Terms of Use may be amended by Us at any time.
11.3.Assignment: You may not assign, transfer, licence or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.
11.4.Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
11.5.Relationship: You and Us are independent contractors and these Terms of Use do not create any relationship of partnership, joint venture, or employer and employee or otherwise.
11.6.Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
11.7.Refund policy: No refunds are given and all sales are final. We do not give refunds if you simply change your mind or make a wrong decision. We accept returns of products, within 3 days of receipt of purchase, if you were sent the incorrect item or if the item is faulty.
We take no responsibility if your order is deemed undeliverable by the postal service and returned to us. Full shipping costs will apply to have your order re-delivered.
11.8.Shipping and Tracking: No responsibility is taken for items lost or damaged in transit. Though this happens very rarely, but we do recommend that you opt for insurance and tracking of your parcel.
Delivery times are estimated and excludes time in customs (if applicable) and may be subject to delay due to causes outside of Our control. Actual delivery times may vary in accordance with your local postal service.
11.9.General Disclaimer: Persons under 18 years of age must obtain the consent of a parent or suitable caregiver if they wish to purchase any services or goods from this Website. We do not monitor or take responsibility in screening visitors or age status. Use of this Website and any of the products obtained through it is at Your sole risk.
Any information on this Website including materials and techniques are provided for informational purposes only and must not be construed as personal advice, professional, medical or otherwise.
11.10. Entire Agreement: These Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
11.11.Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales, Australia.