1.1 We, us, our mean Unstoppable U Pty Ltd
1.2 You, Online Store Owner and your mean the purchaser of goods, audio, video, mentoring or coaching from Unstoppable U Pty Ltd.
1.3 This is a contract between us and you.
2.1 When you purchase content from us, we grant you a licence (which is limited, revocable, non-exclusive, non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.
2.2 We may terminate your license to use any purchased products if you breach this contract.
3.1 You may request to make payment by instalments. If you and we agree that you may make payments by instalments you must pay all instalments on or before each due date.
3.2 All goods sold by us are charged in AUD dollars. If you are located in Australia you will be charged 10% Australian Goods and Services Tax.
4.1 We will repair or replace at our discretion any goods which are physically defective for the period of 12 months after purchase. This warranty does not apply to defects which occur because of misuse or accidental damage.
5. The Australian Consumer Law and limitation of liability
5.1 For the avoidance of doubt, nothing in this contract limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
5.2 Subject to paragraph 5.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation under this contract is to use our best endeavors to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
5.3 When you acquire goods or services from us, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;
(c) in no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
5.4 If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:
(a) the cost of replacing the goods or services or supplying equivalent goods or services;
(b) the cost of repair of the goods;
(c) the cost of having the goods repaired or replaced.
5.5 Subject to paragraph 5.4 we are not liable for default or failure in performance of our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond our reasonable control.
5.6 Subject to paragraph 5.4, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.
6. Refunds & exchange
6.1 Voluntary refunds:
(a) We believe in our courses and our students have experienced fantastic growth, development and results from investing in our programs. This type of progress requires that you follow the course and do the work. You must demonstrate that you have participated in the Course by accessing and doing the course content before requesting a cancellation of your course membership and refund. We may request the submission of completed worksheets, activities and exercises in considering your refund request. A change of mind does not constitute a valid reason for cancellation and request for refund. In considering your refund we may also charge an admin fee at our discretion.
If you are not totally happy with our Course, then we will refund your money. Unless stated otherwise, both the eComm Foundations and eComm Ignitor Course have a 14-day money-back, or two-module-unlock, whichever comes first guarantee and refund period. To avoid doubt, once 14 days has passed or you unlocked the first 2 modules you are not eligible for a money-back guarantee.
Requests for refunds must be made in writing to us within the defined refund period as listed above in section 6.1 (a), at email@example.com.
(b) If you receive your money back you must delete every copy of the product that you have downloaded as well as copies you have placed on other devices or media.
6.2 You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
6.3 If you are entitled to a refund, we will refund your money within two weeks of notice to us and the entitlement arising.
6.4 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.
6.5 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you are liable for the costs of exchange.
6.6. Please do not purchase our services and products if you just want to “check it out.” We put an extraordinary amount of time and effort into our Programs, and we expect you to do the same. Unstoppable U Pty Ltd is for serious students only.
8. Client Responsibility; No Guarantees.
Online Store Owner accepts and agrees that Online Store Owner is 100% responsible for its progress and results from the Program. Unstoppable eCommerce will help and guide Online Store Owner; however, participation is the one vital element to the Program’s success that relies solely on Online Store Owner. Unstoppable eCommerce makes no representations, warranties or guarantees verbally or in writing regarding Online Store Owner’s performance. Online Store Owner understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Online Store Owner acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Online Store Owner will reach its goals as a result of participation in the Program and Unstoppable eCommerce’s comments about the outcome are expressions of opinion only. Unstoppable eCommerce makes no guarantee other than that the Services offered in this Program shall be provided to Online Store Owner in accordance with the terms of this Agreement.
9.1 Trademarks used on the Website belong to their respective owners. You must not use any trademark displayed on the Website without the express written permission of us or the third-party owner.
10.1 These Terms are governed by and to be construed in accordance with the laws of the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia.
10.2 If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
11.1 Cancellation policy: Tickets are non-refundable and may be transferable upon approval by Unstoppable U Pty Ltd. If you require your ticket to be transferred to someone else, please email their full name and email address to firstname.lastname@example.org no less than 7 working days prior to the event.
11.2 We reserve the right to change the event at any time, this includes location. In the unlikely event that this will happen, every effort will be made to ensure an event of an equivalent standard in a reasonable distance from the original location.
11.3 Behaviour: we reserve the right to prohibit entry or eject any person from the Venue based on behaviour deemed inappropriate by Unstoppable eCommerce Pty Ltd staff and/or its agents and others working under its authority.
11.4 Image Release: In registering for our Events, you grant permission to Unstoppable eCommerce Pty Ltd, its agents and others working under its authority, to take and to have full and free use of video/photographs containing your image/likeness. You understand these images may be used for promotional, news, online/multimedia, research and/or educational purposes by and for Unstoppable eCommerce Pty Ltd. You agree that you are not entitled to remuneration, residuals, royalties or any other payment in respect of your image/likeness or its use. You release, discharge, and hold harmless, Unstoppable eCommerce Pty Ltd and its agents from any and all claims, demands or causes of actions that you may hereafter have by reason of anything contained in the photographs or video. If you do not agree to the above image release, you must advise Unstoppable eCommerce Pty Ltd by email as soon as possible at email@example.com.
Unstoppable eCommerce is committed to providing Online Store Owner with a positive Program experience. Online Store Owner agrees that Unstoppable eCommerce may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Online Store Owner’s participation in the Program without refund or forgiveness of monthly payments if Online Store Owner becomes disruptive or upon violation of the terms.
Online Store Owner understands Unstoppable eCommerce is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counselling, or therapy, may address overall goals, specific projects, or general conditions in Online Store Owner’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Unstoppable eCommerce promises that all information provided by Online Store Owner will be kept strictly confidential, as permissible by law.
14. Program Structure
eComm Ignitor Program Structure:
- There are 8 modules. Each one will be unlocked as you complete the previous module.
- You’ll have lifetime access to the training portal for as long as it’s live.
- You’ll have lifetime access to the private Facebook Group for as long as it’s live.
- You’ll have access to the discounted private consulting sessions.
Unstoppable eCommerce’s requests for Online Store Owner’s participation in the Program:
- Be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
- Make a commitment to the action plans you create, and do what you have agreed to do.
- Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.