Terms of Use

TERMS OF USE
K2 PARTNERING SOLUTIONS PTY LTD. ABN 11 608 594 163 TRADING AS ‘FOCUS ON FORCE’

Contact Email: support@focusonforce.com

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 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.

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.