TERMS AND CONDITIONS OF USE
Your use of The Brand Attraction Method website (“Website”) and all The Brand Attraction Method content (“Content”) and participation in the live question and answer sessions (“Q&A”) is subject to the following Terms and Conditions. These Terms and Conditions are a binding agreement between you and Nikki Clark (“Company”) (ABN: 983 399 663 32) and are in addition to any other agreement between you and the Company and/or Nikki Clark. The Company may modify these Terms and Conditions at any time without prior notice. Your access to and use of the Website and all Program content constitutes your acceptance of these Terms and Conditions.
TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) and any applicable regulations, as amended from time to time.
Claims means any claims, causes of action, losses, damages, liabilities, costs and/or expenses, including legal fees and expenses.
Commencement Date means the date upon which the Program commences.
Money-Back Guarantee means a guarantee provided by the Company to pay you a full refund of the Program price, subject to satisfaction of the criteria set out in clause 10 of these Terms and Conditions.
Intellectual Property means all copyright, patents, inventions, discoveries, trade secrets, know-how, concepts, ideas, registered or unregistered designs and/or trademarks, processes, data, formulas, brand names, circuit layouts, databases, work products, company branding or brand names, business names, domain names and all other forms of intellectual property.
Intellectual Property Rights means all present and future rights to Intellectual Property (as defined in these Terms and Conditions) and all other rights to intellectual property as defined under Article 2 of the convention establishing the World Intellectual Property Organisation, and all rights to enforce any of the foregoing rights.
Payment Plan means upfront monthly payment charged 30 days apart for 4 payment cycles
Full Payment means upfront charge at the full cost of the program
Program means The Brand Attraction Method Program run by Nikki Clark (Company).
Website means the website with the url https://nikkilouclark.kartra.com/portal/login
In these Terms and Conditions:
Headings and underlinings are for convenience only and do not affect the construction of these Terms and Conditions.
A provision of these Terms and Conditions 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.
Currency refers to US Dollars.
A reference to a statute or regulation includes amendments thereto.
A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms and Conditions.
A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
The opening paragraph at the top of these Terms and Conditions forms part of the binding terms and conditions of these Terms and Conditions.
A reference to singular includes the plural and vice versa.
A reference to time is to time in New South Wales.
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.
The words “includes”, “including” and similar expressions are not words of limitation.
2. ACCESS TO THE WEBSITE
To access the Website, you must provide your name, residential address, phone number, email address, birthdate and financial details. If enrolling in the Program, user names and passwords shall be issued for personal use only. The Company reserves the right to decline or refuse enrolment at its sole discretion.
3. YOUR DETAILS AND ENROLMENT
3.1 All personal information you enter on this website is held within the Website and our Customer Relationship Management/Electronic Direct Marketing system.
3.2 By registering your details with us you warrant that you are authorised to register for the Website. We reserve the right to terminate your registration without notice, for any reason, if you have breached these Terms.
3.3 By registering for the Website, you warrant that you have the necessary technology, including a computer that has Internet access and speakers connected that can play audio from the computer.
3.4 The Company will not be responsible for assisting you to access the content of the Website.
3.5 The Company is committed to protecting your privacy and will not sell or unlawfully disclose your personal information to third parties. If you have any queries relating to the protection of your privacy and/or the collection, use or disclosure of your personal information, please contact the Company.
4. ACCESS TO WEBSITE CONTENT
4.1 Passwords and Security
To use certain features of the Website, you will need a username and password, which you will receive through the Company’s registration process. 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 agree to notify us immediately of any unauthorised 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. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
4.2 Payment – General
All prices are in US dollars. Prices are subject to change. Any fees and charges incurred as a result of foreign currency transfers in order to pay these fees are at your own expense. The Company will not be liable or offer a reduction in the fees as a result of charges you incur. You can pay the course using either the Monthly Payment (see clause 3.3) or on Full Payment (see clause 3.4).
4.3 Payment – Full Payment
You must pay in full the fee, specified by the Company on the Website, at the time of your enrolment in order to qualify for Full Payment offer. The Full Payment offer entitles you to a discount. If you do not make full payment at the time of your enrolment, you will be placed on a Monthly Payment Plan (see clause 3.4). The discount is calculated solely at the discretion of the Company and is subject to change at any time. Should you decide to cancel your registration with the Website, the Money Back Guarantee will apply.
4.4 Payment – Monthly Payment
If you are placed on a Monthly Payment Plan, you will be required to make payments every 30 days for 4 payment cycles
The Monthly Payments must be of equal value and the figure is not negotiable. Your enrolment will not be processed until the Company receives the first instalment in cleared funds.
In order for the Payment Plan to be set up, you must advise the Company of your credit card details at the date of enrolment. PayPal will set up the Payment Plan via your credit card. This will be done through the Website using the secure PayPal payment gateway. The Company is not responsible for the operation of PayPal. If your credit card details change, it is your responsibility to advise us, no later than ten (10) days before any scheduled payment is due.
In the event that the Company is unable to take monthly payments on the due date, we will charge an administration fee to recover the costs. The Company reserve the right to change this fee at any time without notice to you.
The Company is not able to make changes to your Payment Plan. Should you decide to cancel your enrolment in the Program after the Commencement Date, the Money-Back Guarantee will apply.
5. DELIVERY OF CONTENT
All Website content will be delivered in either Google Document format, Portable Document Form (“PDF”) worksheets or via online videos.
The Website content will be delivered via the Website on an weekly basis for 5 weeks. You will have access to the Website Content, as it is released, via the Website using your personal username and password.
Your access to the Website Content will be ongoing, you will be able to access any updates to the program. The Company has no obligation to notify of the expiration of Program Content.
The Company does not guarantee your ability to access the Website and will not be responsible for any delay in or failure of the transmission of information sent through the Website.
6.1 By visiting the Website, you acknowledge and agree that:
The Website is the Intellectual Property of the Company and is protected by the Copyright Act 1976 (Cth) and other applicable Intellectual Property laws. The Company retains all Intellectual Property Rights to the Program.
The Website Content is owned by the Company and is intended for your personal, non-commercial use only.
The content on the Website, including all text, graphics, video, audio, software code or logos, is not intended for distribution and you must not, unless explicitly authorised in these Terms and Conditions not alter, modify, copy, republish, reproduce, transmit, post, rent, lease, sell, distribute, commercially exploit or create any derivative works. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
The Company reserves the right the change the Program Content without notice.
The Company further reserves the right to add, remove or amend content on the Website without notice.
7.1 The Company reserves the right to terminate your access to the Website at any time in the event that:
you are in default of any payment obligation, including your payments not being able to be processed by Stripe or PayPal;
you sell or redistribute the Website content to any other person without the Company’s authorisation;
you provide access to the Website content by providing your login details to another person without the Company’s knowledge and express permission;
you fail to remedy a breach of any non-payment related obligation within 7 days of having been given written notice to remedy the breach by the Company;
you become unable to pay your debts as and when they fall due;
you commit an act of bankruptcy or, being a company, enter into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or has a receiver or receiver manager or administrator appointed over all or part of its assets or passes a resolution for winding-up or a petition is presented for its winding-up.
7.2 In the event of a default as listed in clause 7.1, the Company may, without prejudice to any other rights or remedies available to it under these Terms and Conditions or otherwise, by notice in writing to you:
suspend access to the Website and require full or partial payment in advance for the remainder owing (in the sole discretion of the Company) before access is granted again;
retain monies paid by you;
claim immediate payment of all moneys due by you in respect of the Program which will then be immediately due and payable notwithstanding the due date or dates for payment;
terminate this Agreement, and/or
continue to enforce its rights (including taking court action) and recover from you such payments and any other amounts owing as and when they fall due.
Whilst the Company has made every effort to ensure the accuracy of the information on the Website, and the Q&A, the information and content is subject to change without notice.
The Company does not provide any representation or warranty that the content or information is accurate, complete or up to date.
The Company will not be held liable for any errors in the content or material displayed on the Website, for any actions you take in reliance on them, or for any loss or damage that may arise directly or indirectly from the content.
The Website and/or Q&A are not intended to provide legal, tax or financial advice. You are solely responsible for determining whether any strategy, advice or process is appropriate for you based on your personal financial circumstances and objectives. You should obtain independent legal, tax and financial advice regarding your specific situation before acting on any advice. If any information or advice that may constitute financial advice is given in the Program, such advice is not authorised or endorsed by the Company.
The Company does not guarantee you will earn any income as a result of your registering for the Website. The strategies and examples promoted by the Company are unique to particular businesses, circumstances and products. Any income earning potential will be based on your skill level and the particular business or product you are marketing.
The Website is continually under development and the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. You acknowledge and agree that no representation has been made by the Company or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this Program.
Content on the Website and the Program is for general information purposes only and is current at the time of first publication. You are responsible for determining the validity, quality and relevance of any information, material or service before acting or relying on it to ensure that it meets your particular requirements.
The Website may feature third party advertising or content. The Company does not control the content or accuracy of information on such websites. The Company does not in any way represent that the advertiser and their products or services are endorsed or recommended by the Company. Links are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third party websites.
The Website may feature third party presentations or knowledge from third party sources. The Company does not control the content or accuracy of information in such presentations. The Company does not in any way represent that the third party presenter or source and their products or services are endorsed or recommended by the Company. Presentations are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third party websites.
9. LIMITATION OF LIABILITY
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Website, materials, products, services, or Q&A, or with any of these terms and Conditions, your sole and exclusive remedy as against the Company is to discontinue using the Website and the Q&A.
Subject to clause 8.4, the Company, its subsidiaries, parent companies and/or affiliates shall not be liable for any direct, indirect, incidental, special or consequential damage or loss (including liability for loss of profits, loss of business opportunity, loss of savings, loss of bargain or loss of data) that result from the use of, or inability to use the Website, the Program and the Q&A including all of its materials, products or services, or third party materials, products or services, made available through the Website, program and/or Q&A even if the Company is advised beforehand of such damage or loss.
In any event, the Company’s liability under these terms and Conditions (if any) is limited to the total amount paid by you to the Company.
All terms, conditions and warranties that are implied by statute as excludable are excluded from these Terms and Conditions.
Such terms, conditions and warranties implied by statute (or categories of damages) that are not excludable (including any non-excludable guarantees pursuant to the Australian Consumer Law, if applicable) are not excluded from these Terms and Conditions however the Company’s liability for such terms, conditions and warranties implied by statute (or categories of damage) that are not excluded is limited to the total amount paid by you to the Company, under these Terms and Conditions.
You agree at all times to defend, indemnify and hold harmless the Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all Claims, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions, your use of the Website, Q&A and/or the Program Content, or any of your conduct, except where the Claims are directly and solely attributable to the gross negligence or wilful default of the Company or any of its duly authorised employees or agents.
11. INTERACTIVE FEATURES
11.1 Responsibility for what is posted on the Facebook Group Page, Q&A calls, Webinar chats and other public posting areas or sent via any email services on the Website, lies with each user – you alone are responsible for the material you post or send, verbally and electronically. We do not control the messages, information or files that you or others may provide through such forums. It is a material condition of your use of the Website that you do not:
Gain unauthorised access to the Website, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means.
Interfere with or disrupt any servers or networks used to provide the Website or its features or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights of that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
Purchase, download or copy any products or services from the Website and use to pirate the said content, products or services.
12. REFUND POLICY
12.1 The Company would like to ensure your satisfaction with the Program. If you are not satisfied with the Program, you have fourteen (14) days from the Commencement Date to request a refund. You will be asked to provide the workbooks for the modules completed and you must have attended the weekly calls to be provided with a full refund.
13. DISPUTE RESOLUTION
13.1 If there is a dispute in relation to any aspect of the Website and/or Q&A, either party may notify the other in writing of the dispute.
13.2 Following any such notification, there will be a period of 28 days during which both parties must participate in good faith in any negotiations or discussions regarding the dispute.
13.3 If the dispute has not been resolved by the end of this 28-day period, the Company may require that the dispute be submitted to mediation in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia and its applicable rules.
13.4 Neither party will commence court proceedings or other similar actions relating to a dispute unless it has complied with the procedure set out in this clause.
14. GOVERNING LAW
These Terms and Conditions are governed by the laws of the state of New South Wales, Australia and where applicable, those of the Commonwealth of Australia. Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
15. ENTIRE AGREEMENT
This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
Phone: +61 419 239 935