1.1 Company, we, our, us mean Unstoppable U Pty Ltd ABN 83633646134.
1.2 You and your means the persons who access this website, download our resources or purchase our products.
1.3 This is a contract between us and you.
1.4 “Lifetime Access” means ongoing and complete access to the eComm Ignitor or eComm Foundation courses for the life of the program, not for your life or the life of Karyn Parkinson or the Unstoppable eCommerce team. This is ongoing access at no additional charge until the course is no longer offered, at which time all members will be given at least 6 months notice before the program is closed. Any future closure of the program or community does not affect the refund policy and does not entitle you to any form of refund.
1.5 Website refers to websites owned by us including https://unstoppableecomm.com, https://u.unstoppableecomm.com and third party websites used to host our training including https://unstoppableecommerce.mykajabi.com
2. LICENSE TO USE THE WEBSITE
2.1 We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this agreement.
2.2 You acknowledge and agree that we may alter or cease the operation of the Website at any time in our sole discretion, and the Website may be unavailable from time to time, including for maintenance purposes.
2.3 We may terminate your license to use the Website without notice if you breach these Terms.
2.4 We may change these Terms from time to time. Any changes will come into effect when the updated terms and conditions are posted to the Website. These terms are important and you should ensure that you read them carefully before using the remainder of the website.
3.1 When you purchase a course or membership from us, or download a free resource, we grant you a limited, revocable, non-exclusive, non-transferable licence to listen to, watch, download or print such content on your computer and/or other devices 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.
3.2 We may terminate your license to use any products purchased if you breach this contract.
3.3 We are 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 your 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.
3.4 Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results
5.1 You may request to make payment by installments. If you and we agree that you may make payments by installments you must pay all installments on or before each due date. You must pay all payments due, regardless of how long it takes you to consume the content.
5.2 The due date for each installment is one month after purchase and payment of the first installment, and one month after each previous installment.
5.3 All goods sold by us are charged in Australian dollars. If you are located in Australia you will be charged Australian Goods and Services Tax.
6.1 Voluntary refunds:
(a) If you work through the first few modules of a course are not totally happy with it, within the refund period then we will refund your money. eComm Ignitor and eComm Foundations have a 14 day money back guarantee and refund period.
Requests for refunds must be made in writing within the defined refund period as listed above to email@example.com.
(b) If you access beyond 3 modules within 14 days you waive your right to a refund.
(c) If you receive your money back you must delete every copy of the product and materials that you have downloaded as well as copies you have placed on other devices or media.
(d) being removed or banned from the Facebook group does not entitle you to a refund of your course enrolment fee.
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 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 may be liable for the costs of exchange.
7. LINKS TO THIRD PARTY WEBSITES
8. INTELLECTUAL PROPERTY
8.1 Unless otherwise indicated, all materials on the Website, including text, graphics, design, names, logos, and underlying software are protected by copyright owned or licensed by us, and you acknowledge and agree that this is the case.
8.2 Except as permitted by law, you must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the material except as provided for in these Terms unless authorized in writing.
8.3 Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission of us or the third-party owner.
8.4 We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:
(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);
(b) it is for your personal, non-commercial use;
(c) it is used for a lawful purpose; and
(d) the material is appropriately attributed to us or the source.
9. NO SPAM
9.1 Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.
10. REFERRAL PROGRAM
10.1 The referral Program is run through ThriveCart. After registrering you will receive a unique referral links that you can embed in your website, emails, social media posts, newsletters, and any other online content you produce.
10.2 If you register to be part of our referral program you agree to promote the program to your audience only and to act in good faith.
10.3 If someone is already part of the Pathway To Profit Challenge, without your referral, they cannot then be rerrered to eComm Ignitor by you.
10.4 Referral links are not to be messaged privately unless they have been requested by the person.
10.5 Referral links are not to be used inside any groups owned by Unstoppable eCommerce or third party groups not owned by you.
11.1 We take care in creating the information and material on the Website but make no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content.
11.2 We do not guarantee that any data, file or program available for download from or via the Website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs and files on the Website. Prior to using any downloaded file you should carry out an appropriate virus check.
11.3 We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus.
12. LIMITATION ON LIABILITY
12.1 When you acquire services from us, the 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 Website;
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.
10.2 For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
13.1 These Terms are governed by and to be construed in accordance with the laws of New South Wales, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. 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.