Profit on Purpose Terms & Conditions
Your participation in the Profit on Purpose (“Program”) and any live question and answer sessions (“Q&A Sessions”), or live sessions (“Implementation Days”) and the use of all Profit on Purpose Program Content (“Program Content”), and the Profit on Purpose websites (“Website”), is subject to the following Terms and Conditions.
These Terms and Conditions are a binding agreement between you and Maverick (NSW) Pty Limited as trustee for Mavericks Trust trading as The Owners Collective (“Company”) (ABN: 54 372 971 253) and are in addition to any other agreement between you and the Company and/or The Owners Collective. 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.
Claim or Claims means any claims, causes of action, losses, lawsuits, damages, , liabilities, litigation matters, costs and/or expenses, including legal fees and expenses.
Commencement Date means the date upon which the Program commences.
Consequential Loss means any direct, indirect, incidental, special or consequential damage or loss (including liability for loss of profits, loss of business opportunity, loss of revenue, loss of savings, loss of bargain or loss of data).
Happiness Guarantee is the equivalent of a Money-Back Guarantee and 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.
Insolvency means bankruptcy or, being a company, entering into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or having a receiver or receiver manager or administrator appointed over all or part of its assets or passing a resolution for winding-up or a petition being presented for its winding-up.
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 Organization, and all rights to enforce any of the foregoing rights.
Program means the Profit on Purpose Program.
Upfront Payment means one upfront payment of the total price of the Program in cleared funds.
Website means the program content hosted on the Kajabi platform including the Sales Page.
Website Content means any and all information and content displayed on the Website, including but not limited to online resources, workbooks, blogs and general information.
Workshops means any event (other than the Implementation Days) held by the Company as part of the Program or Program Content.
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 AU 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.
- ENROLMENT IN THE PROGRAM
To enrol in the Program, you must provide your name, residential address, phone number, email address, birth date 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.
- YOUR DETAILS AND ENROLMENT
3.3 By enrolling in this Program, you warrant that you have the necessary technology, including a computer that has Internet access and connected speakers that can play audio from the computer.
3.4 The Company will not be responsible for assisting you to access the content of the Program.
- TERM OF ENROLMENT
4.1 By enrolling into this Program, you gain instant access to all program content.
4.2 Throughout the Program, you are required to make a full payment as and when your payment obligations fall due.
4.3 The details of payment arrangements are listed in clauses 5.2 to 5.4 of this Agreement.
- ACCESS TO PROGRAM CONTENT
5.1 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, Claim or damage arising from your failure to protect your password or account information.
5.2 Payment – General
All prices are in Australian 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 for, or offer a reduction in relation to, any transfer or foreign currency fees as a result of charges you incur. You can pay for the Program using either the Upfront Payment method (see clause 5.3) or by opting for our Payment Plan (see clause 5.4).
5.3 Payment – Upfront 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 Upfront Payment offer. If you do not make the Upfront Payment at the time of your enrolment, you will be placed on a Payment Plan (see clause 5.4). 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 enrolment in the Program after the Commencement Date of the Program.
5.4 Payment – Payment Plan
If you are placed on a Payment Plan, you will be required to make four (4) monthly payment instalments constituting, in total, the full price of the Program. The four (4) instalments 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.
- DELIVERY OF CONTENT
All Program content will be delivered via the website including Portable Document Form (“PDF”) worksheets or online training videos. Your access to the Program Content within the Website will expire exactly twelve (12) months after you commence the Program.
- INTELLECTUAL PROPERTY
By visiting the Website and participating in the Program, you acknowledge and agree that:
7.1 The Program (and Program Content and Website Content) is owned the Company and 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.
7.2 The Program Content and Website Content is intended for your personal, non-commercial use only. The Company grants you a limited, non-exclusive, revocable, non-sublicensable licence for that purpose only.
7.3 The Program Content and Website Content, 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 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 in accordance with clause 7.2, provided that you keep intact all copyright and other proprietary notices.
7.4 The Company reserves the right the change the Program Content and/or Website Content without notice to you.
8.1 The Company reserves the right to terminate your access to the Program, Program Content and Website Content at any time in the event that:
a) you are in default of any payment obligation, including your payments not being able to be processed by PayPal (or the applicable payment gateway used by the Company from time to time);
b) you sell or redistribute the Program content to any other person or organisation without the Company’s authorisation;
c) you provide access to the Program content by providing your login details to another person without the Company’s knowledge and express permission;
d) 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;
e) you become unable to pay your debts as and when they fall due; or
f) you commit an act of Insolvency.
8.2 In the event of a default as listed in clause 8.1, 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:
a) suspend access to the Program and require full or partial payment in advance for the remainder owing (in the sole discretion of the Company) before access is granted again;
b) Retain monies paid by you;
c) Claim immediate payment of all monies due in respect of the Program, which are then immediately due and payable notwithstanding the due date or dates or payment;
d) Terminate this Agreement;
Continue to enforce its rights (including taking debt recovery or court action) and recover from you such payments and any other amounts owing as and when they fall due.
9.1 The Program, Website and/or Q&A Sessions 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.
9.2 The Company does not guarantee you will earn any specified revenue, profit or income as a result of your enrolment in the Program. The strategies and examples promoted by the Company and the Owners Collective 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.
9.3 Whilst the Company has made every effort to ensure the accuracy of the information on the Website and the Program Content, 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.
9.4 The Company will not be held liable (and you release the Company, its officers, agents, contractors and representatives) for any errors in the content or material displayed on the Website or in the Program or Program Content. Further, the Company will not be responsible or liable for any actions you take in reliance on the Program Content or Website content or any loss or damage or Claim that may arise directly or indirectly from the Program, Program Content and/or Website Content.
9.5 The Website and Program are 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.
9.6 The Website Content and the Program Content 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.
9.7 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.
9.8 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.
10. LIMITATION OF LIABILITY
10.1 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, Claim or other matters of any sort incurred as the result of such dealings.
10.2 You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive or illegal conduct of any user of the Website or Program. If you are dissatisfied with the Website, Website Content, Program, Program Content or Q&A Sessions or with any of these Terms and Conditions, your sole and exclusive remedy as against the Company is to discontinue using the Website, Program and the Q&A Sessions.
10.3 Subject to clause 9.4, the Company, its subsidiaries, parent companies and/or affiliates shall not be liable for any Consequential Loss that results from the use of, or inability to use the Website, the Program, the Website Content, the Program Content and the Q&A Sessions 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 Sessions, even if the Company is advised beforehand of such damage or loss or Claim.
10.4 In any event, the Company’s total liability under these Terms and Conditions (if any) is limited to the total amount paid by you to the Company in respect of the Program.
10.5 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 (see clause 10.4), 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 Sessions, Program Content or arising from your own 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.
12. INTERACTIVE FEATURES
The Website, Program and Q&A may include a variety of features, such as bulletin boards, web logs, chat rooms, Facebook groups, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, Facebook groups, and other public posting areas on the Website, 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:
12.1 Gain unauthorised access to the Website or Program Content, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means.
12.2 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.
12.3 Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
12.4 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.
12.5 Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
12.6 Purchase, download or copy any products or services from the Website and use to pirate the said content, products or services.
13. EARNINGS DISCLAIMER
Every effort has been made to accurately represent this program and its potential.
13.1 There is no guarantee that you will earn any money using the ideas and techniques in this program. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. This program does not guarantee any additional income earnings.
13.2 Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, implementing the strategies taught in the program, your finances, your business, your knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
13.3 Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
13.4 Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our the teaching in our material.
14. REFUND POLICY
The Company is committed to providing a high standard of learning and therefore no refund is available for this program.
15. DISPUTE RESOLUTION
15.1 If there is a dispute in relation to any aspect of the Program, Program Content, Website, Website Content and/or Q&A Sessions, either party may notify the other in writing of the dispute.
15.2 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.
15.3 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.
15.4 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.
16. 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.
17. ENTIRE AGREEMENT
This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.