M A GESSNER PTY LTD ABN: 29 826 057 606
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 M A GESSNER PTY LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
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.
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.
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.
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. Company does not offer refunds.
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 participation by User until payment is paid in full, including disallowing access to the Product. If User does not commence within seven (7), Company has the right to terminate agreement.
f. Complete access to our services may be unavailable for certain periods of time due to 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.
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 license other than those stated in this Agreement.
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.
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, M A GESSNER 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 M A GESSNER 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 M A GESSNER 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.