Website terms of service
Part 1 (ACCELERATOR TERMS)
On subscription to ‘The Accelerator’ it will be assumed you have taken responsibility for doing your research and that you agree to the following terms.
TERMS: On joining The Accelerator you will be asked to complete a billing form that sets up your monthly subscription via PAYPAL – you must have a PAYPAL account to subscribe. You can set up your account here (NZ – for other countries search and you will find yours.)
You will NOT be billed until after you have had access to all of your free sessions. There after your subscription will be billed every 28 days for the rest of the one year programme or until you cancel your subscription. You can cancel at any time via your profile page and will be advised each month before your subscription is due so you can cancel if you choose.
You are purchasing access for one (1) person to the Accelerator (referred to below as the “Accelerator Product,” the “The Accelerator,” “Accelerator” or the “Program”) from Amanda Fleming – Presenter at Large Ltd (“we,” or “us”).
You must be at least 18 years of age or older to subscribe to The Accelerator.
You are responsible to pay for your Accelerator subscription every 28 days (after you have had access to your free sessions) through Paypal. If you miss a payment, your account status will revert to FreeSpace – our free members area. You will immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked.
Due to the nature of payments, there are no refunds but you can cancel at any time from your profile page in the Accelerator.
You agree that the Accelerator program contains proprietary Content that is owned by Amanda Fleming and/or her licensors and is protected by copyright, and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and we will prosecute such misconduct.
Presenter at Large Ltd provides you with the Accelerator Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Accelerator content in a manner that constitutes an infringement of the Amanda Fleming’s Company’s rights or that has not been authorized in writing by the Amanda Fleming. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Accelerator unless explicitly permitted. You may, however, from time to time, download program collateral and print individual pages for your personal, noncommercial use, provided that you keep all copyright intact.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Accelerator or infringe on any of Presenter at Large’s intellectual property in any way.
If you would like to join the Accelerator with a business partner or collaborators, you will each subscribe individually. Additionally, if you are interested in having your entire team subscribe, a separate membership will need to be purchased for each participating member.
PRIVACY AND CONFIDENTIALITY
We respect your privacy and must insist that you respect the privacy of other people that participate in the Accelerator (“Accelerator subscribers)”.
By subscribing to The Accelerator, you agree:
- not to infringe any copyright or other intellectual property rights of the Presenter at Large Ltd or the Accelerator Program Participants;
- that all Content provided to you by us is our confidential and proprietary information and intellectual property, belong solely and exclusively to Amanda Fleming – Presenter at Large Ltd, and may be used by you only as authorized by this agreement;
- the reproduction, distribution and sale of the Content by anyone other than Amanda Fleming is strictly prohibited.
ACCELERATOR SUBSCRIPTION DISCLAIMER
Amanda Fleming – Presenter at Large Ltd does not guarantee any results from participating in The Accelerator program.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE ACCELERATOR IS AT YOUR OWN RISK. By subscribing, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding results of any kind. You alone are responsible for your actions and results in life and business and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional medical or psychological advice. You understand that Amanda Fleming is not a trained professional therapist or counsellor or psychologist, and you are 100% responsible for your wellbeing.
ACCELERATOR TERMS OF SERVICE ENDS
GENERAL TERMS AND CONDITIONS
1 APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing and using the Website:
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
2.3 These Terms were last updated on October 9, 2016.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Presenter at Large Ltd
Website means www.inspiringconsciousevolution.com
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to firstname.lastname@example.org
4.3 You must:
a not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6 GENERAL DISCLAIMERS
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a the Website being unavailable (in whole or in part) or performing slowly;
b any error in, or omission from, any information made available through the Website;
c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a you access and use the Website and products at your own risk; and
b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD$100.
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website or membership areas.
8.2 When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5 Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
b in relation to the proposed purchase or acquisition of our business or assets; or
c where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.6 Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
8.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org
9 SUSPENSION AND TERMINATION
9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
10.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
10.3 For us to waive a right under these Terms, the waiver must be in writing.
10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
10.6 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.