TERMS OF USE
K2 PARTNERING SOLUTIONS PTY LTD. ABN 11 608 594 163 TRADING AS ‘FOCUS ON FORCE’
Contact Email: [email protected]
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by K2 PARTNERING SOLUTIONS PTY LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
TERMS.
a. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the product, program, digital download, ebook, and/or course (collectively known as the “Product”) as outlined on Company’s Website, Sales Page, or other point of purchase.
b. The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website at www.focusonforce.com (“Website”) as part of the Product.
c. Access to Product is for twelve (12) months from the date of purchase. After this period, access is expired and must be purchased again.
d. A user account is required to access the Product. User accounts cannot be “shared” or used by more than one individual. If it is detected that a user account has been shared, user accounts must be purchased retroactively for each individual that accessed the Product during the period that the shared account was active.
e. If any misuse of login details is detected or suspected (including the concurrent use of your login details), access may be terminated and a refund will not be issued. Login details must be kept secure to prevent unauthorized access. access. The Company shall also not be liable for any non-authorized access, including any trespass thereupon.
f. Detailed past results history will be retained for three months and then removed.
g. The system provides the ability to record notes related to a purchased course. Notes will be deleted and removed if access to a course expires. If a copy of the notes is required a user can use the download function to retain a copy. This must be done prior to course expiry and the Company shall not be liable as a result of a user failing to download the notes.
FORUMS
The purpose of the Focus on Force Community Forums is to provide a place for you to seek and share support, insights and information about the questions related to a particular certification. At our sole discretion, we reserve the right to moderate and/or remove any posts, as well as limit, suspend or ban access to the forum for any participants who breach these guidelines. Please use respectful and appropriate language and etiquette. The Forums prohibits posts which include language that can be considered: abusive, defamatory, obscene, threatening in any way and/or intimidates, harasses, coerces or bullies any person, organization or corporation in any fashion. We have absolutely zero tolerance for any discriminatory language or hate speech.
PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, User agrees to pay to the Company the purchase amount as stated on the Website.
b. For online course sales, a refund may be requested within 7 days of the purchase date if the materials have not been accessed. It is at the discretion of the Company whether a refund is provided. Special prices (such as coupon discounts or bundle purchases) will not be refunded. A credit will automatically be applied to your credit card or original method of payment, within 7 business days.
Purchases made without a coupon code will not be granted a post-dated discount. A refund will not be granted for the purposes of repurchasing with a coupon code.
For Instructor-led training classes, Live Workshops or Coaching, a refund may be requested only within 3 days of the training start date. As an alternative to a refund, a class maybe rescheduled to another date or another class of equivalent value at no cost. It is at the discretion of the Company whether a refund is provided. A payment processor fee will be deducted from the refund amount. The payment processor fee is out of our control and is applied by our payment processor on refunds.
For Salesforce Voucher + Bundle products, a refund will not be granted if the Salesforce voucher code has been provided. Once the voucher code has been sent the sale is final and cannot be refunded.
For Early Access products, a refund will not be provided as they are priced at a discount on an ‘as described‘ and ‘not complete‘ basis.
c. If User selects a payment plan option, User agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to User, and the payment plan selected by User (the “Fee”).
d. Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
e. In the event User fails to make any of the payments within a payment plan on the agreed upon due date, Company has the right to immediately disallow or suspend participation by User until payment is made in full, including disallowing or suspending access to the Product. If the User does not commence with the payment plan within seven (7) days, Company has the right to terminate agreement. For the avoidance of doubt, if a User fails to make payment as agreed upon between the parties, the invoice due date will accrue interest at a rate of one and one-half percent
(1.5%) per month, or the highest rate allowed by applicable law, whichever is lower.
f. Complete access to our Product may be unavailable for certain periods of time due to site maintenance or unforeseen circumstances. We will do our best to fix these issues as soon as possible. If access is unavailable for extended periods of time, you may be eligible for a pro-rated credit for the amount of the service outage.
FOCUS POINTS
These terms and conditions (the “Terms”) govern the Focus on Force Rewards Program/ Points Program (the “Program”). By participating in the Program, you agree to be bound by these Terms and the decisions of Focus on Force, which are final and binding in all matters related to the Program.
Eligibility: The Program is open to all enrolled Users of Focus on Force. Employees of Focus on Force and its affiliates, and their immediate family members, are not eligible to participate in the Program.
Enrollment: You are automatically enrolled in the Program after your first purchase.You will earn rewards points (the “Points”) for certain actions taken on the Focus on Force website. Points are not transferable and have no cash value.
Earning Points: Points can be earned in a variety of ways as described on the My Points Page (link). The specific actions that earn Points and the number of Points earned may change from time to time at the discretion of Focus on Force.
Focus Point Booster: The “Focus Point Booster” aims to enhance the user’s ability to earn more Focus Points by introducing bonus activities. These activities are designed to provide users with special opportunities to earn extra points.
a. All submissions must be original content and not copied from other sources.
b. By submitting an entry, you agree to allow Focus on Force to use and share your content on their website and social media platforms.
c. Only one submission per activity per person per month is allowed.
d. Focus on Force reserves the right to disqualify any submissions that do not meet the submission guidelines.
e. Focus on Force reserves the right to modify or terminate the Focus Point Boost program at any time.
f. The bonus Focus Points will be awarded to eligible participants at the sole discretion of Focus on Force.
g. Focus on Force is not responsible for any technical difficulties or issues that may prevent a submission from being received or considered.
Redeeming Points: Points can be redeemed for rewards, such as discounts on Focus on Force products or merchandise. The specific rewards available and the number of Points required for redemption may change from time to time at the discretion of Focus on Force. Points have no cash value and cannot be redeemed for cash.
Expiration of Points: Points will expire one year from the date they are earned.
Free shipping: The shipping fee for merchandise redeemed through the Focus on Force rewards program is covered by Focus on Force. The shipping method for the merchandise will be determined by Focus on Force.
Taxes and duties: The recipient of the merchandise may be responsible for paying any taxes or duties that are imposed on the merchandise as a result of the shipment, depending on the laws of the recipient’s country. It is the responsibility of the recipient to check with local authorities to understand any applicable taxes or duties that may apply.
Notification and tracking: Focus on Force will notify the user when the redemption of the merchandise is successful via email. The recipient will not be able to track the delivery status of your merchandise. However, for the delivery estimate, you will need to send a separate inquiry to the Focus on Force team.
Termination of the Program: Focus on Force reserves the right to terminate the Program or change the terms and conditions of the Program at any time, without notice. In the event of termination, any Points that have not been redeemed will be forfeited.
Limitation of Liability: Focus on Force will not be liable for any errors or omissions in the Program or any actions taken in connection with the Program. Focus on Force is not liable for any damages that may result from the use of the redeemed merchandise or from any problems with the shipping process.
By participating in the Program, you acknowledge that you have read and understand these Terms and agree to be bound by them.
FOCUS AMBASSADOR REFERRAL PROGRAM
Eligibility: The Focus Ambassadors referral program (“Program”) is open to all individuals who apply and are accepted as Focus Ambassadors (“Referrers”). To be eligible to participate in the Program, Referrers must be a Focus on Force user, be at least 18 years of age and reside in a location where the Program is offered. The Program is void where prohibited by law.
Setting Up an Ambassador Account: Individuals who wish to participate in the Program as Referrers must be a user of Focus on Force and apply by submitting an application form to Focus on Force. We will then provide you with a referral link to use for promotional purposes. Focus on Force reserves the right to accept or reject any application in its sole discretion.
Earning Commission: Each ‘click’ on the link will be registered on your Ambassador Account using a cookie which is set on the user’s computer. The cookie expiry period is 3 days. For each eligible product sale made through that link, you will earn commission at the rate set out on the terms and conditions.
Referral Process: Referrers may refer new customers (“Referred Customers”) to Focus on Force using the designated referral link or code. The Referred Customer must use the referral link or code at the time of purchase and complete a purchase in order for the referral to be valid.
Referral Reward: If the Referred Customer completes a purchase using the referral link or code provided by the Referrer, the Referrer will receive a reward of 20% of the total purchase price as “Focus Kurrency”. Referrers will earn Focus Kurrency that is equivalent to and can be exchanged for US Dollars. Referrers may cash out their earnings once they have reached a minimum balance of $200 in their account. The specific reward amount and terms will be set forth by Focus on Force and may be subject to change at any time.
Eligible Referrals: The Referrer may not refer themselves or use fake accounts to refer themselves.
Program Duration: The Program is ongoing and may be terminated or modified at any time by Focus on Force. Referral rewards will only be provided for eligible referrals made during the program duration. Any Referral rewards that were not cashed out will be forfeited.
Payout Options: Referrers may cash out their earnings via PayPal, an Amazon gift card, or bank-to-bank transfer. Focus on Force reserves the right to modify the payout options at any time.
Payout Duration: Referrers may cash out their earnings once they have reached a minimum balance of $200 in their account. Focus on Force will process payouts within 30 business days after the Referrer’s cash out request has been received. Referrers should allow additional time for payment processing, depending on the chosen payout option. Focus on Force is not responsible for any delay or failure to process a payout due to inaccurate or incomplete payment information provided by the Referrer, or due to any technical or other issues beyond its reasonable control.
Liability: Focus on Force reserves the right to disqualify any Referrers or Referred Customers from participating in the Program if Focus on Force determines, in its sole discretion, that the Referrer or Referred Customer has violated these terms and conditions or engaged in fraudulent behavior. Focus on Force is not responsible for any incorrect or inaccurate information provided by Referrers or Referred Customers, or for any technical or human error that may occur in the referral process.
Commission Eligibility: Commission is only paid on eligible product sales. Focus on Force reserves the right to determine which products are eligible for commission. Products that are not eligible for commission include Instructor-Led Trainings and Salesforce Voucher Bundles.
Personal Data: By participating in the Program, Referrers and Referred Customers acknowledge and agree that Focus on Force may collect, use, and store their personal data in accordance with its privacy policy.
DISCLAIMERS.
By purchasing or otherwise utilizing the Product, the User acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the User may suffer by relying on Company’s advice or information. The Company makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By purchasing this Product, User acknowledges that the Company cannot guarantee the outcome of services and/or recommendations within the Product and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
You acknowledge that the Company has not and does not make any representations as to the future outcome of any kind that may be derived as a result of use of the Company’s Product. Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Product.
Through use of the Product, the Company may provide the User with information relating to services and/or other products that the Company believes might benefit the User, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
INTELLECTUAL PROPERTY RIGHTS.
In respect of the Product sold as part of this Agreement, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or licence other than those stated in this Agreement. The User acknowledges and agrees that it will not take any action inconsistent with such ownership. This Agreement does not grant User or any third party any rights to any patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, functions or licenses with respect to the Product. If a User creates any derivative works in violation of this Agreement, based in whole or in part on the Product, the Company shall be the lawful owner of all such derivative work(s) and any proceeds or profits derived therefrom.
You may not modify, publish, transmit, participate in the transfer or sale of, create
derivative works from, distribute, display, reproduce or perform, or in any way exploit
in any format whatsoever any of the Product or intellectual property, in whole or in
part without our prior written consent.
In the event that the Company discovers or becomes aware of any infringement of any of the information on the Website or other intellectual property rights, or an unauthorized use of the material, or use of the material on the Website in any manner that is prohibited, the Company shall have the exclusive right in its sole discretion to institute any legal proceedings against such third party in its name.
GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES.
The Product provided to the User by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, K2 PARTNERING SOLUTIONS PTY LTD IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE K2 PARTNERING SOLUTIONS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL K2 PARTNERING SOLUTIONS PTY LTD CUMULATIVE LIABILITY TO YOU EXCEED $100.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration (ICC). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Sydney, NSW or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of NSW, Australia, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.