TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions apply (the “Agreement”) between Energise Marketing Agency (“The Company”, “we”, or “us”) and You (“Client” or “You”), and You agree to the following terms stated herein. The Company and You may be referred to collectively as “Parties” in this Agreement.
THE COMPANY TERMS
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information and resources contained on The Company website and any courses You participate in are for educational and informational purposes only.
The Company agrees to provide the Course, “Marketing YOU” (herein referred to as “Course”) as outlined on the web page where You register, which may include digital or downloadable resources, an online course, one-on-one or group coaching, workshops, trainings, online private forums operated by The Company (for any purpose), whether on a website hosted by The Company or a third-party website.
This Course is intended to be utilized by online business owners and entrepreneurs who will implement into their businesses the skills and strategies taught throughout the Course. This course is particularly suited for women selling their expertise and experience.
In consideration of Your access to the Course, you agree to pay the following fees as appropriate to Your chosen plan;
The Marketing You! plan – is a single payment of $149 + GST (due immediately).
The VIP plan – choose between a single payment of $479 + GST (due immediately) OR 3 x monthly payments of $175 + GST. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $525+ GST. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Course’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, The Company shall immediately suspend your access to any further Course modules, bonuses, or other VIP content.
METHODS OF PAYMENT
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to The Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that The Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g. credit card transaction processing, merchant settlement, and related services).
If You elect for the payment plan, You hereby authorize The Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new payment method promptly or your Course access will be terminated.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 14-day money-back guarantee for the Course. That money-back guarantee is governed by the following terms.
In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at SMESchool@energise.net.nz and let us know you’d like a refund within 14 days after the date the first module is released (“Refund Period”). You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the end of the Refund Period, you will not be granted a refund.
We will NOT provide refunds for any request that comes more than 14 days after the date of Module 1 release. After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the Course regardless of whether you complete the Course.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, The Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
All refunds are discretionary as determined by The Company.
USERNAME AND PASSWORD
If you access The Company website via a link in a personal email sent to you, on social media, or send an enquiry via an online form, or sign up for any course or event we do record this information and may contact you to offer our assistance even if you don’t participate in the Course.
YOUR CONDUCT IN THE COURSE; CONFIDENTIALITY; USE OF YOUR MATERIALS
The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Course, you hereby agree to respect the privacy of other Course participants and to respect The Company’s confidential information.
Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains The Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Course with anyone other than The Company, it’s owners and employees, and other Course participants.
The Company does its best to create a safe and welcoming space for all participants, however, The Company cannot guarantee that all participants will follow these guidelines. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. You agree to post comments or other material only once. Any communication by you on The Company’s website and any third-party forums operated by The Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. The Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort. Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels will not be tolerated.
The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to The Company’s website and any third-party forums operated by The Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on The Company website or any third-party forums operated by The Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on The Company website and any third-party forums operated by The Company.
The Course is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, courses, or events to Course participants on any The Company website or third-party forums operated by The Company, whether or not officially sanctioned, owned, or operated by The Company. This means you agree not to form, or ask Course participants to join, “shadow” groups on social media or any other platform.
COPYRIGHT & INTELLECTUAL PROPERTY & RELEASE CONSENT
The Company owns all copyright and other intellectual property rights in this website. All rights are reserved. All pages and content within this website including online courses or events are the property of The Company and are subject to copyright even when not expressly stated.
By attending the Course, you consent to any interview(s), photography, audio recording, video recording and its/their release, publication, exhibition or reproduction to be used for promotional purposes, news, inclusion on websites, social media, or any other purpose by The Company and its affiliates and suppliers. Images and/or video may be used to promote similar courses in the future, highlight the course and promote the work of The Company. By participating in the Course, you waive all rights you may have to any claim for payment or royalties in connection with any use of these materials.
By posting or submitting any material such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your 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 Course or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Course at any time for any reason.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or The Company that reference The Company or the Course, and to identify you as a member of the Course by name, email address, or screen name, for any purposes, including commercial purposes and advertising.
NO TRANSFER OF INTELLECTUAL PROPERTY; LIMITED LICENSE
All content included as part of the Course, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Course, is the property of The Company or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.
This means you may view, download, print, email and use one copy only of the Course materials and content for your own personal purposes or in your own business only.
Your participation in the Course does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Course, You agree to observe and abide by all copyright and other intellectual property protection.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Course or content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business).
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of The Company including, without limitation, acts of God, flood, fire, earthquake, explosion, pandemic, death, illness or incapacity of the Course creator or host, any local, national or international law, governmental order or regulation, war, invasion, or hostilities, terrorist threats or acts, or other civil unrest, telecommunication breakdown or power outage (collectively, “Force Majeure Event”).
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Course, which provides education and information.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party the Company or website. Although The Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Client understands that a relationship does not exist between the parties after the conclusion of this Course. If the Parties wish to continue their relationship, they shall execute a separate agreement.
The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, without notice, if You become disruptive to The Company or other Course participants, if You fail to follow the Course guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of termination.
In the event you decide to cancel your participation in the Course, You will not be issued a refund for any remaining days or months of the Course after your cancellation, and any remaining instalment, default, or late payments will be due immediately.
In the event of cancellation or termination, you are no longer authorized to access the part of the Course or its content. The restrictions imposed on you in this Agreement with respect to the Course and its content will still apply now and in the future, even after termination by you or The Company.
CANCELLATION BY THE COMPANY
The Company reserves the right to cancel a course, or to change the date or time of any course module.
The content and delivery method of courses may be adapted without prior notice at the discretion of The Company.
If a course or module of a course is cancelled by The Company prior to its commencement any fees paid will be refunded in full.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify, defend, release and hold harmless The Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns; any The Company volunteers; and Energise Marketing Agency (collectively “Releasees”) for, from and against any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Course and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defences.
The Company will not be liable for loss, damage or injury to persons or property, howsoever caused, save where liability is expressly imposed beyond exclusion by statute.
RESOLUTION OF DISPUTES
This Agreement and any dispute relating in any way to your visit to The Company’s website or to products & services purchased are governed and construed by the law in force in New Zealand. Any disputes about transactions formed between The Company and the customer by way of electronic transactions through this website will be resolved according to arbitration.