User Agreement

This User Agreement (hereinafter, the “Agreement”) is entered into by and between Envious Solutions, and you, the purchaser and user of Envious Solutions services and products (hereinafter, the “User”).  User expressly represents and warrants that:  (i) User has read and understands this Agreement and will abide by all terms and conditions hereof; and (ii) the person signing this Agreement for and on behalf of User is authorised to do so and Envious Solutions may rely on such person’s signature without any further inquiry with respect thereto.  This Agreement governs the relationship and all transactions between Envious Solutions and User.

Recitals

·    Envious Solutions has developed and maintains certain proprietary marketing, advertising, and educational information, processes, and/or products that provide unique and valuable information regarding online marketing.  Certain portions of the proprietary information, processes, and/or products are provided free of charge, upon User’s registration with Envious Solutions, through any webinars held (hereinafter, the “Webinar”).  The remainder of the proprietary information, processes, and/or products are provided for a fee to users through the online social media accelerators program and other related programs and services (hereinafter, the “Paid Products”), such as business coaching services, other support services, and access to non-public portions of Envious Solutions’ website and closed Facebook group.

·    User confirms that it is an individual or business enterprise engaged in retail activity and desires to use Envious Solutions’ proprietary information, processes, and/or products in accordance with the terms, conditions, and limitations outlined herein.

·    The term “User” shall be defined in this Agreement as the purchaser and user of Envious Solutions’ services and products, as well as any employee of such person or entity.

·    The term “person” shall be defined in this Agreement as any individual person, as well as any corporation, limited liability company, partnership, sole proprietorship, and/or any other entity of any kind.

In consideration of these recitals, User and Envious Solutions agree as follows:-

Participation requirements

Your experience in the Program will depend upon your co-operation, contribution and level of participation. You acknowledge that you are undertaking an adult learning process and everyone has individual approaches to learning and participation. All Program participants agree to treat each other and representatives of the Company with respect.

You agree that you will not upload content on the Facebook Page that is:

  1. defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;

  2. infringes the intellectual or other proprietary interests of third parties;

  3. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the group or otherwise breaches or encourages other users to breach these Terms and Conditions; 

  4. violates any law; or

  5. encourages or incites any other person to engage in any of the above behaviour.

You also agree that you will not:

  1. use technology or other means that is not authorised by the Company to access the website;

  2. use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the website;

  3. attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the website or the Facebook Page;

  4. gain or attempt to gain unauthorised access to the website or Facebook Page including the networks or user accounts; or

  5. attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, Facebook Page, servers or networks.

This Agreement, and your enrolment in the Program is personal to you and you may not transfer your enrolment to another Party without first obtaining the Company’s prior consent.

Your Financial Commitment

It is your responsibility to ensure that the credit card details that you have provided the Company are correct and advise the Company of any changes. You agree that there will be sufficient clear funds available in your nominated account.

The price includes Program materials however, you are responsible for all associated costs including telephone and internet charges.

Payments that are declined will be recharged with an additional processing fee of $10.00. If your payment is declined on the second attempt, the remaining course fees will become immediately due and the Company will invoice you for the full payment.

The Company may also suspend your participation in the Program until all outstanding fees are paid. You acknowledge that if it is necessary for the Company to engage professional services to recover any fees owed by you, that you will be liable for the costs incurred by the Company.

Refunds /Withdrawal

The services are provided in accordance with, and you have the rights as provided by the Competition and Consumer Act 2010 (the Consumer Law). Under the Consumer Law we are not required to provide a refund for a change of mind. As a service provider, we provide the following guarantees under the Consumer Law:

To provide the services with acceptable care and skill, with the appropriate knowledge;

If there is a minor failure in any of these guarantees we may choose to rectify the issue or provide you with a full or partial refund. If there is a major failure in any of these guarantees you are entitled to a refund.

If you withdraw from the Program, and no rights exist at law, then you will have forfeited your course fees. This means if you are on an instalment plan, they remain due and payable.

Confidentiality

The Company respects your privacy. We do not use third-party mailing lists and do not pass on client information to third parties. In the course of your participation in the Program, Confidential information including plans, ideas, and trade secrets will be shared by the Company, by you and by Program participants. You agree that you will not disclose any information to any third party and that you will not use any confidential information obtained through your participation in the Program for any purpose whatsoever.

Data Security

Online materials used in the Program are held by the Company on secure third party servers and we have anti-virus software. However, to the extent provided by law the Company does not warrant that the website or Facebook page will be uninterrupted or error-free. Nor does the Company guarantee against third party interference or that the website or its content will be compatible with third party software or hardware. 

You are responsible for keeping your username and passwords secure. The Company will not be liable for any unauthorised access to your account.

Intellectual Property

The Company retains the right to all intellectual property (whether registered or not) that is created by it and offered to you in the Program. The content of the Program is provided to you by way of this non-exclusive, non-transferable limited right. You agree to use the Program content for your personal use only, this license excludes the right to disclose, sell or deal with our materials in any way other than in accordance with these terms and conditions. Similarly, you acknowledge that the intellectual property of all course participants vests solely in the owner and you will not use, disclose, or deal with another Program participant’s intellectual property in any way.

Disclaimer

The Company does not provide legal, tax, accounting or financial advice. We recommend that you seek such advice from an appropriate licensed professional You agree that, should company assign you a particular coach or instructor, such assignment may be changed if company, in its sole discretion, deems it necessary.

Release

We may from time to time record the Program being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent. 

Liability

To the extent permitted at law our total liability under this Agreement is limited to the price paid by you for the Program. Any forecasts or projections provided by the Company are based on our experience and the information available to us. The Program objective is to provide you with knowledge and tools, we do not provide performance guarantees or specific results. It is your responsibility to implement the learnings that we teach and to follow up on leads that you create.

Neither the Company or you will be responsible for any breach of this Agreement that arises due to any act of God, war, terrorism, strike, lock-out, fire, flood, storm or other event beyond the party’s reasonable control. 

You agree to indemnify the Company for all costs arising from any claims made against the Company arising from your breach of these terms and conditions. The costs do not have to have been incurred for this clause to take effect.

Termination

This Agreement terminates automatically upon 365 days. The Company may terminate your right to participate in the Program without forgiveness of any remaining monthly payments if you breach any clause of this Agreement.

Where the Company terminates this Agreement as a result of a breach by you, termination will result in not being able to access digital content or any further input from instructors. If for some reason, the Company is unable to provide the services to you, you will be granted a refund for the services that have not been provided.

Assignment

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Delay is not a waiver

The failure of a party to this Agreement to exercise any rights or remedies under this Agreement shall not constitute a waiver of those rights or remedies.

Severability

If any provisions of this Agreement are held by a court to be invalid, the invalid clauses are to be deemed omitted to the extent of the invalidity and the remaining provisions of this Agreement will remain in full force and effect.

Governing Law

This Agreement is governed by the laws of New South Wales, Australia and the parties submit to the jurisdiction of the New South Wales Courts.

Acknowledgement

I confirm that I have read, understand, and accept the Terms and Conditions outlined above. I understand that when I tick the boxes below, I will be bound as though I signed it by hand.