TERMS AND CONDITIONS OF USE
Your use of the Owners Collective Mastermind website (“Website”) and all Owners Collective Mastermind Program content (“Program”) 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 State of Creation Pty Ltd trading as The Owners Collective (“COMPANY”) (ABN: 84 168 307 677) and are in addition to any other agreement between you and The Owners Collective. The Owners Collective may modify these Terms and Conditions at any time without prior notice. Your access to and use of this website and all Program content constitutes your acceptance of these Terms and Conditions.
By visiting the website, you acknowledge and agree that:
- The Program is the intellectual property of COMPANY and is protected by the applicable intellectual property laws. The Owners Collective retains all intellectual property rights to the Program.
- The Program content and all content on the website is owned by COMPANY and is intended for your personal use only. The content on this website and included in the Program, including all text, graphics, video, audio, software code or logos, is not intended for distribution and must not be altered, modified, reproduced, distributed or commercially exploited.
- COMPANY reserves the right the change the content of the Program without notice.
- COMPANY reserves the right to add, remove or amend content on the website without notice.
- Whilst COMPANY has made every effort to ensure the accuracy of the information on the website, the content of the Program and the Q&A, the information and content is subject to change without notice. We provide no representation or warranty that the content or information is accurate, complete or up to date. COMPANY will not be held liable for any errors in the content or material displayed on this website or in the Program, 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 Program, 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 COMPANY.
- COMPANY does not guarantee you will earn any income as a result of the your enrolment in the Program. The strategies and examples promoted by 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.
- 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. COMPANY does not control the content or accuracy of information on such websites. COMPANY does not in any way represent that the advertiser and their products or services are endorsed or recommended by COMPANY. Links are provided for your reference only and 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. COMPANY does not control the content or accuracy of information in such presentations. COMPANY does not in any way represent that the third party presenter or source and their products or services are endorsed or recommended by COMPANY. Presentations are provided for your reference only and COMPANY excludes all liability and responsibility for the content or operation of these third party websites.
- You agree at all times to defend, indemnify and hold harmless 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, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
- Your participation, correspondence or business dealings with any third party found on or through our Site, 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 COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
YOUR DETAILS AND ENROLMENT
- All personal information you enter on this website is held within our Customer Relationship Management / Electronic Direct Marketing (“CRM/EDM”) system.
- By registering your details with us you warrant that you are authorised to enrol in the Program. We reserve the right to terminate your registration without notice, for any reason, if you have breached these Terms.
- By enrolling in this program, you warrant that you have the necessary technology, including a computer which has internet access and speakers connected which can play audio from the computer. COMPANY will not be responsible to assist you to access the content of the Program.
- COMPANY is committed to protecting your privacy and will not sell your personal information to third parties.
This Website, Program and Q&A may include a variety of features, such as bulletin boards, web logs, chat rooms, 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, and other public posting areas on the Site, or sent via any email services on the Site, 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 the such forums. It is a condition of your use of the Site that you do not:
- Gain unauthorized access to the Website, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Interfere with or disrupt any servers or networks used to provide the Site 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 or 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 this site and use to pirate said content.
ENROLMENT IN THE PROGRAM
- To enrol in the Program, 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.
ACCESS TO PROGRAM CONTENT
To use certain features of the Website, you will need a username and password, which you will receive through the Site'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 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. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Payment – General
- All prices are in Australian dollars and include GST where applicable. 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. 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 the ‘Upfront’ pricing or on a payment plan.
Payment – Upfront Payment
- You must pay in full the fee, specified by COMPANY on the website, at the time of your enrolment in order to qualify for the ‘full payment’ pricing. If you do not make full payment at the time of your enrolment, you will be placed on a payment plan.
- The ‘full payment’ pricing entitles you to a discount. The discount is calculated at the sole discretion of 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, the Happiness Guarantee will apply.
Payment – Payment Plan
- If you are placed on a payment plan, you will be required to make three (3) monthly instalments. The three (3) instalments must be of equal value and the figure is not negotiable. Your enrolment will not be processed until the first instalment is received.
- In order for the payment plan to be set up, you must advise us of your credit card details on the date of your enrolment.
- Paypal will set up your payment plan via your credit card. This will be done through the website using the PayPal secure payment gateway. COMPANY is not responsible for the operation of PayPal.
- If your credit card details change, it is your responsibility to advise us. You must advise COMPANY of any changes no later than ten (10) days before any scheduled payment is due.
- In the event COMPANY is unable to take monthly payments on the due date, we will charge you an administration fee to recover the costs. COMPANY reserves the right to change this fee at any time without notice to you.
- 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 of the Program, the Money-Back Guarantee will apply.
DELIVERY OF CONTENT
- All Program content will be delivered in Portable Document Form (“PDF”) worksheets or via online videos.
- The Program content will be delivered via the website on a weekly basis for a total of eleven (12) weeks. You will be granted access to one (1) week of Program content per week. At the end of the eleven (12) weeks you will have access to all of the Program content.
- You will have access to the content as it is released, via the website using your personal username and password. Access will only be available as per the release method described in section 39.
- Your access to the Program content will expire twelve (12) months after the last week of content has been made available on the website. Upon the expiration of twelve (12) months from this date, your access will be terminated completely. COMPANY is has no obligation to notify of the expiration of content.
- COMPANY does not guarantee your ability to access the Program through the website and will not be responsible for any delay in or failure of the transmission or receipt of the Program sent through the website.
- The Owners Collective reserves the right to terminate your access at any time in the event:
- your additional payments are not able to be processed by Paypal;
- you sell or redistribute the Program content to any other person; and
- you provide access to the Program content by providing your login details to another person.
LIMITATION OF LIABILITY
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE PROGRAM AND THE Q&A INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, AND Q&A EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PROGRAM, AND THE Q&A.
- The Website and Program are continually under development and 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 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.
- COMPANY would like to ensure your satisfaction with the Program. If you are not satisfied with the Program, you have thirty (30) days from the date of commencement of the course to request a refund. In order to claim the Money Back Scheme you must:
- have completed all content provided under the Program during the first fourteen (14) days;
- provide evidence of satisfactorily completed PDF worksheets from the first fourteen (14) days of content, in the form of completed PDF documentation. Satisfactorily completed worksheets are at the sole discretion of COMPANY.
- 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.
- 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 that are not excludable are not excluded from these Terms and Conditions. COMPANY’s liability for such terms, conditions and warranties implied by statute that are not excluded is limited to the total amount paid by you to COMPANY, under these Terms and Conditions.
This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.