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TERMS OF USE
By purchasing any Program from Vicki Clothier trading as Resume Writers Australia (ABN 87 225 231 839) (“Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company.
USE AND CONSENT
All of our Programs are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Programs by anyone under age 18 is unauthorised, unlicensed and in violation of these Terms of Use. By accessing or using our Programs you represent and warrant that you are at least 18 years old.
DISCLAIMER
This Program does not guarantee income, success, or any projected increase in sales, revenue. Company cannot guarantee any success from taking this program. Each person’s success and results depends on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Program.
This Program does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Program cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Program disclaims any liability for your reliance on any opinions or advice contained in the Program.
Any third party links to products or services are subject to separate terms and conditions. Program is not responsible for or liable for any content on or actions taken by such third party websites. Although Program may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
PURCHASES AND ONLINE COMMERCE
By purchasing Program you give us permission to automatically charge your credit or debit card as payment for your Program without any additional authorisation, for which you will receive an electronic receipt.
LATE PAYMENT POLICY
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 Program will not continue and we reserve the right to cease your access 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 or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program.
CANCELLATION POLICY BY PROGRAM TYPE
1. Private Coaching and Mentorship, Group Coaching, Masterminds, Courses: There is a no cancellation policy for these Programs. If you wish to not continue in the program all remaining payments and balances will still be owed to the Company in timeline agreed upon purchase.
2. Memberships: Submit a 7 day cancellation request to hello@vickiclothier.com. Your membership will be deactivated at the end of your paid term. If notice is received with less than 7 days notice you may be charged another billing period. No refunds will be given for notices that give less than 7 days notice.
REFUND POLICY
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating
and/or providing our Programs we have a no refund policy. You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you at any time.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. Our Programs are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
When you enroll in or purchase our Programs you agree that you are clearly and expressly prohibited from copying, sharing or stealing our Program Materials or any parts in any way or for any reason.
YOUR LICENSE TO US
By posting or submitting any material on or through our Programs, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
You are also granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly 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 Programs and/or our marketing or promotional efforts.
MEDIA RELEASE
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program in our current or future Programs and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
SECURITY
When you apply for, enrol in, purchase or use our Programs, Products or Services, or Program Materials 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. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
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 is done at your own risk.
We have 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.
TECHNOLOGY DISCLAIMER
We try to ensure that the availability and delivery of our Programs is uninterrupted and error-free, including our content and communications through methods like our Website, membership portal, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, 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 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 inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of this information is constantly evolving, 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.
INDEMNIFICATION
You agree at all times to defend, indemnify and hold harmless our Company, 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 or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
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. 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, or in any way or in any location. In the event that you use our Programs or any other information provided by us or affiliated with us, 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, 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.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury 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 and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
YOUR CONDUCT
You are agreeing that you will not use our Programs in any way that causes or is likely to cause the Programs, 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 this Website and its Content and to us.
You must use the Programs for lawful purposes only. You agree that you will not use our Programs in any of the following ways:
1. For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
2. To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
3. To send, negatively impact, or infect our Programs 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 intended or not
4, To cause annoyance, inconvenience or needless anxiety
5. To impersonate any third party or otherwise mislead as to the origin of your contributions
6. To reproduce, duplicate, copy or resell any part of our Programs 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, or Program Materials, you may send an e-mail to hello@vickiclothier.com and we will do our best to reply to your question or concern promptly.
DISPUTE RESOLUTION
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with relevant laws and legislation. Prior to seeking arbitration, you must send an e-mail to me at hello@vickiclothier.com and include all of your reasons for dissatisfaction with your Program. 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 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 the date of your e-mail to me 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 the town of Adelaide, South Australia 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, designed to disparage us, our Company, or any of our Programs. 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
To use our Programs we may seek 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 (“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.
If you have any questions about any term of these Terms of Use, please contact us at hello@vickiclothier.com