OWNERSHIP 

Unless we say otherwise, all references to the “Sites” in these Terms of Use include all such Sites, including the Training Programs we make available via the Sites, and the content, services, communities, forums and events we may provide that are accessed or purchased via the Sites.  

By using these Sites, you agree to the Terms of Use, and to abide by all policies and procedures outlined in this agreement as a condition of your participation in any of our programs. These Terms of Use do not apply to your use of unaffiliated websites or sites to which any of the Sites may link to or direct you to visit.

CHANGES TO TERMS OF USE

We reserve the right to modify these Terms of Use at any time at our sole discretion, so please check this page periodically for changes. 

All changes are effective immediately when we post them, and apply to this Site and all of our Sites thereafter. Your continued use of the Sites following the posting of any revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  If at any time you choose not to accept these Terms of Use, please do not use this Site or any of our associated Sites.

LEGAL ACCESS

The Sites are offered and available to users who are 18 years of age or older. By using our Sites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Sites.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Sites strictly in accordance with these Terms of Use. 

As a condition of your use of the Sites, you warrant to the Company that you will not use the Sites or any of the resources available for download from the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites or any of the resources available for download from the Sites in any manner that could damage, impair, disable, overburden, or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Users of our Sites hereby understand that the programs, tools, processes, strategies, materials, know-how and information presented on our Sites are protected by copyright, so users agree not to record, duplicate, reproduce, distribute, publish, electronically communicate, publicly display, publicly perform, edit or translate our information in any manner whatsoever without our express written permission or as permitted by these Terms of Use. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites or any of the resources available for download from the Sites. 

THE COMPANY CONTENT IS NOT FOR RESALE 

Your use of the Sites or any of the resources available for download from the Sites does not entitle you to make any unauthorised use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. 

You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trade marks of the Company or its associated entities affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Sites are the trade marks of their respective owners.

BY PROVIDING CONTENT, WE DO NOT ALLOW YOU TO USE OUR TRADE MARKS OR GRAPHIC IMAGES

The trade marks, service marks, logos and graphic images used and displayed on our Sites and our course material are owned by the Company and its associated entities. Nothing on our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, without our written permission. We aggressively enforce our intellectual property rights. 

Our names, our logos or graphic images may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on our Sites, without prior written permission. You may not use any metatags or any other “hidden text” utilising our names or trade marks without the prior express written consent of the Company. You are not authorised to use our logo as a hyperlink to our Sites unless you obtain our written permission in advance.

COPYRIGHT INFRINGEMENT 

As the Company asks others to respect its Intellectual Property rights, it respects the Intellectual Property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the written information specified below. 

Please note that this procedure is exclusively for notifying us that you believe your copyrighted material has been infringed.  Please provide:

•    A description of the copyrighted work that you claim has been infringed

•    A description of where the material that you claim is infringing is located on the Sites

•    Your address, telephone number, and email address

•    A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law

•    A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf

•    An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.

For notice of claims of potential copyright infringement on the Sites, the Company’s Copyright Agent can be reached as follows:

The Wherewithal Group

Attn: Copyright Agent

PO Box 788

Sanctuary Cove Queensland 4212

Email: copyright@thewherewithalgroup.com

NO DIGITAL PROGRAMMING OR AUTOMATION OF THE COMPANY’S COURSES, SYSTEMS, SEQUENCING, TOOLS, TECHNIQUES OR LINE-OF-QUESTIONING

It is not permitted to use Artificial Intelligence (AI), Machine Learning (ML) or any other digital technology to automate any of the systems, sequences, tools, techniques, line-of-questioning processes, or sampling sequences included in the Company’s Sites, courses or supplementary course material.  This includes automating to, or from, surveys, questionnaires, qualitative research discussion guides, or input generated by social media, chatbots, free text or audio files that are created using the Company’s systems, tools, training and techniques.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in our Disclaimer, the information contained on the Sites and the resources available for download through the Sites are for educational and informational purposes only. The information contained on the Sites and the resources available for download through the Sites is not intended as, and shall not be understood or construed as business, market research, strategic, brand, financial, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in our Disclaimer, we have done our best to ensure that the information provided on the Sites and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners, officers, agents, employees or contractors shall be held liable or responsible for any errors or omissions on the Sites or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using the Sites, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Sites or the resources available for download from the Sites. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on the Sites.

NO GUARANTEES AS TO RESULTS

As set forth more fully in our Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on the Sites or not. The Company provides educational and informational resources that are intended to help users of the Sites succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in the Sites are no guarantee that you or any other person or entity will be able to obtain similar results.

DISCLAIMER

Please review our Disclaimer, which also governs the Sites and informs users of various limitations regarding the information provided on the Sites. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

ACCESSING THE SITES

We reserve the right to withdraw or amend the Sites and any service or material we provide on the Sites in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or all the Sites, to users, including registered or licensed users.

To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites and any resources downloaded from the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with this Site, and all our Sites, including but not limited to through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

YOUR ACCOUNT SECURITY IS YOUR RESPONSIBILITY

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You may never use another person’s account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Sites. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  If you fail to maintain control of a device, other users may access the Sites through your account and may be able to access certain parts of your account information. 

You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify the Company of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Sites. 

The Company will not be liable for any loss or damage arising from your failure to comply with this Section. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

MOBILE ACCESS

The services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Sites via a mobile device, (ii) the ability to browse the Sites from a mobile device and (iii) the ability to access certain features, through an application downloaded and installed on a mobile device (collectively, “Mobile Access”). To the extent you access the Sites and our services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees from your wireless service carrier may apply.  Payment of those fees and charges are your responsibility.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Sites or emails between you and the Company constitute “Electronic Communications”. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Sites, satisfies any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Sites that provide the ability to send electronic communication to the Company.  However, any such email or other electronic communication does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order. 

COMMUNICATION SERVICES - USE & PARTICIPATION GUIDELINES

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular communication forum of the Sites.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 

•   Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information 

•     Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents 

•     Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer 

•     Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication forum specifically allows such messages 

•     Conduct or forward surveys, contests, pyramid schemes or chain letters 

•     Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

•   Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Service 

•     Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

COMMUNICATION SERVICES - RESPONSIBILITIES

To contribute to any Communication Service provided on our Sites you must register and contribute in accordance with the instructions that are outlined here, and that you may also find outlined on the relevant Communication Service.    

Responsibilities

The Company is not responsible for material posted by users in any Communication Service on our Sites, nor are we responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trade mark infringement, accuracy, or for any other reason. 

The Company does, however, retain, the right to modify or remove messages or other material that we, in our sole discretion, consider offensive, abusive, defamatory, obscene, inflammatory, provocative, or infringing on these Terms of Use. We also reserve the right to edit materials for any other reason. 

Whether or not the Company modifies, edits or removes such material, Communication Service users remain solely responsible for the content of their messages or postings.

Registration

The Company may, at its sole discretion, suspend or terminate the registration of any Communication Service user or general user who violates any of our Terms of Use, any of the Communication Service guidelines, or for any other behaviour that we in our discretion believe is inappropriate.

COMMUNICATION SERVICE OBLIGATIONS

The Company has no obligation to monitor the Communication Services provided. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about you in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services, and any actions resulting from your participation in any Communication Service. Managers and hosts of Communication Services are not authorised Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

RESPONSIBILITY OF CONTRIBUTORS

We welcome comments and contributions to any of our Sites.  If you submit a comment or post material to our Sites, post links on our Sites, or otherwise make (or allow any third party to make) material available by means of our Sites (collectively, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

•    The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trade mark or trade secret rights, of any third party

•    If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content

•    You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms

•     The Content does not contain or install any viruses, worms, malware, Trojan Horses or other harmful or destructive content

•     The Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts or mislead recipients as to the source of the material

•     The Content is not libellous or defamatory, does not contain threats or incite violence towards individuals or entities, is not political, and does not violate the privacy or publicity rights of any third party

•  Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own.

Without limiting any of those representations or warranties, the Company has the right (though not the obligation), at the Company’s sole discretion to (i) refuse or remove any Content that, in the Company’s reasonable opinion, violates any of the Company’s Policies or Terms, (ii) is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Sites to any individual or entity for any reason.

OWNERSHIP OF CONTRIBUTIONS

By posting Content on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, non-exclusive, royalty free right to reproduce, communicate and use your questions, comments, postings and Content, in their original or edited form, on the Sites and in our training programs, courses, books, articles, commentaries, newsletters, or in any other medium now known, used, or later developed. 

You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such Content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites. 

Please do not send us any material that you do not intend to be subject to these Terms of Use.

UNSOLICITED CONTRIBUTIONS

We welcome your comments about any of our Sites. However, we will not review or consider any unsolicited creative submissions or suggestions (collectively, “Submissions”) for topics on our courses, training, tools, blogs, webinars, podcasts, seminars or within our newsletters or products.  

This policy is intended to avoid the possibility of any future misunderstandings in the event that ideas we develop might seem to be similar to any ideas submitted to us.  So we request that you not send us any original creative ideas, suggestions or materials.

If, despite our request, you send us any ideas, suggestions, materials or Submissions, they shall become our property. That means that we will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. 

By sending us any Submission, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, non-exclusive, royalty free right to use your Submissions, in its original or edited form, on the Sites and in our training programs, courses, books, articles, commentaries, newsletters, or in any other medium now known, used, or later developed.  That includes, without limitation, the rights to copy, reproduce, distribute, transmit, electronically communicate, publish, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission.

You also warrant that you own or otherwise control all of the rights to the Submission you have posted and that the public posting and use of such Content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any Submissions and Content you send.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Sites may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.

Certain services made available via the Sites are delivered by third-party websites and organisations. By using any product, service, or functionality originating from the Sites, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

USE OF TEMPLATES AND FORMS

The Company provides various templates, files and/or forms for download and/or sale on the Sites. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, rename, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use. 

By ordering or downloading templates, files and/or forms you agree that the templates, files and/or forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

The Company provides various courses, programs, and associated material for sale and download on the Sites. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses and Training”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, rename, copy, reproduce, distribute, communicate, create derivative works of, reverse engineer, alter, enhance or in any way exploit or authorise or permit the exploitation of any of the Courses and Training in any manner. 

By ordering or participating in the Courses and Training, you agree that the Courses and Training you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses and Training, you further agree that, except as otherwise provided, you shall not create any derivative work based upon the Courses and Training and you shall not offer any competing products or services based upon any information contained in the Courses and Training.

USE OF FREE DOWNLOADABLE CONTENT - WHITE PAPERS, RESOURCES & TEMPLATES

The Company provides various free Resources on the Sites, which users may access by providing an e-mail address.  This includes, but is not limited to, free White Papers, Resources and Templates (the “Free Resources”). The Company grants you a limited, personal, non-exclusive, non-transferable license to access and use these Free Resources provided in exchange for an email address for your own personal or internal business use.

By downloading the Free Resources, you agree that the Free Resources you download may only be used by you for your personal or business use, and may not be sold or redistributed without the express written consent of the Company. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, rename, copy, reproduce, distribute, communicate, create derivative works of, reverse engineer, alter, enhance, change the terminology or images, or in any way exploit or authorise or permit the exploitation of any of the Free Resources in any manner. 

You further agree that you shall not create any derivative work based upon the Free Resources, and, except as otherwise provided, you shall not offer any competing products or services based upon any information contained in the Free Resources for sale, or offer training in any forum, including online or face-to-face, or teach people the Company’s systems, frameworks or techniques or any other curriculum found within the Company’s training ecosystem.

FEES, PAYMENTS & PAYMENTS POLICY

Where the Company’s Courses and Training are provided for a fee, you will be required to select a payment option for purchase, which includes providing the Company with information regarding your credit card or other payment instrument. 

You represent and warrant to the Company that the information provided is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

If you choose a Payment Plan option, you agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and our Terms of Service. You hereby authorise the Company to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. 

We reserve the right to change the Company’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than taxes based on the Company’s net income. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you.

PRICES, CURRENCY & TAXES

Unless otherwise specified, all Fees on the Sites are quoted and charged in U.S. Dollars. The Company is entitled to adjust the prices for the services we provide from time to time. 

Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated or required by applicable law. You are responsible for paying the Taxes associated with your purchase, and keeping your billing information up to date.

OUR COURSES

Our courses are split into a number of modules and lessons that are despatched each week, over several weeks, for the duration of the course.  The courses are delivered via video training which is accessed via the Company’s dedicated online training portal.  

All our courses are covered by the same Licensing Policies, the same Payment Terms, and the same Terms of Use. 

Please check the Sites, read the details outlined for each course, and read our full Terms of Use before purchase.

LICENSE ACCESS PERIOD

When you purchase any of our Courses and Training you are provided with video training streamed from the Company’s online course portal. In addition to the video training, you will also be provided with tools, templates, and swipe files for download (if applicable), and exclusive access to the Q&A support forums for the course for a period of 1 year.

SUBSCRIPTION OPTIONS

After the 1 year has lapsed, you can choose to EITHER:

1. Subscribe: Extend your User License each year with an annual subscription for the course. By purchasing an annual subscription, you can continue to access the Company’s online course portal, all the video training lessons, and the Q&A forums and archives.  You can also access the templates, audio files, swipe files, ask questions. You can will also be provided with any updates to our training, thinking or practice on the topic. 

2. Discontinue: If you choose to discontinue your access to a course after 1 year and not pay the annual subscription fee for that course, you will no longer have access to the Company’s exclusive video training, or the Q&A support forums or archives for that course.

Note that if you discontinue training in one course after 1 year, that does NOT exclude your purchase or participation in other courses offered by the Company.

SUBSCRIPTION PAYMENTS AFTER 1 YEAR

If you choose to subscribe to any course you will be charged a recurring subscription fee charged on an annual or monthly basis (a “Recurring Subscription”) depending on the payment option you choose.  In that case you authorise the Company to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. 

In the event that the Company is unable to charge your account as authorised by you when you enrolled in a Recurring Subscription, the Company may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third-party sources (i.e. your bank or a payment processor) to continue charging your account as authorised by you.

The Company may change the price for Recurring Subscriptions from time to time and the Company will communicate any price changes to you in advance and, if applicable, how to accept those changes.  Price changes for Recurring Subscriptions will take effect at the start of the next annual or monthly subscription period following the date of the price change depending on the payment option you have chosen. You understand that you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you must notify the Company that you wish to cancel your Recurring Subscription before the price change goes into effect.

CANCELLING SUBSCRIPTIONS 

You may cancel a subscription at any time, but if you cancel your subscription before the end of the current subscription period, any subscription fees already paid to the Company are non-refundable, and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through to the end of your current subscription period.

At any time, and for any reason, the Company may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

REFUNDS AND MONEY-BACK GUARANTEES

The Company provides a 14-Day Money-Back Guarantee for all of our courses. 

If you purchase one of our courses and find that it’s not for you, or not suitable for you at this time, you may request your money back within 14 DAYS from the date of purchase via email.  Within those 14 days you will have received the first 2-week despatch of modules, including the accompanying lessons and training material for the course you purchased.   

The Refund Request email must be received by the company within 14 DAYS from the date of purchase, and BEFORE the 3rd-week despatch of the course is released.  Any Refund Requests received or electronically dated after the 14th day, or after Module 3 is released, may not qualify for a refund. The Refund Request must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase.  You are not required to submit any proof that you have completed any work, or meet any other requirements.

The Refund Request email can be sent to [email protected]m.  

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor, and will not be able to expedite any refunds.

On determination that you are entitled to a refund of any purchase through this Money-Back Guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources. 

Refunds are not available for accounts which have violated these Terms of Use. Violations are determined at the Company’s sole discretion. If the Company determines that you are abusing our Money-Back Guarantee or Payments Policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of our training or services without delivering a refund. 

If you apply and receive a refund for any course, that does not preclude you from purchasing other courses and training offered by the Company.

NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE SITES AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THE SITES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE SITES AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THE SITES.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE SITES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS LIMITED TO THE TOTAL FEES PAID BY YOU TO THE COMPANY FOR YOUR MOST RECENT PURCHASE FROM THE COMPANY.

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Sites, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in BRISBANE, QUEENSLAND. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices in Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Sites in any country or in any manner prohibited by any applicable local laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites, our services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

FORCE MAJEURE

In no event shall the Company be responsible and liable for any delay or failure in the performance of any part or whole of the services (we offer) if such delay or failure to perform is due to reasons beyond our control.  

This includes, but is not limited to, acts of god, changes to laws or regulations, judicial or governmental action, embargoes, sanctions, war, terrorist acts, riots, fires, earthquakes, nuclear accidents or events, floods, strikes, power blackouts, energy or internet supply issues, volcanic action, unusually severe weather conditions, acts of hackers or third-party service providers.

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to the Sites or the Terms of Use pursuant to the Arbitration Clause above. Use of the Sites is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Sites. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT 

Unless otherwise specified herein, the Terms of Use constitute the entire agreement between the user and the Company with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms of Use under which the Sites are offered. The most current version of the Terms of Use will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

APPLICABLE LAWS

Except to the extent applicable law, if any, provides otherwise, the Terms of Use, any access to or use of our Sites will be governed by the laws of the state of Queensland, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state of Queensland, Australia.

CONTACT US

The Wherewithal Group welcomes your questions or comments regarding our Terms of Use:

The Wherewithal Group Pty Ltd

PO BOX 788

SANCTUARY COVE

QUEENSLAND 4212

AUSTRALIA

Email Address: support@thewherewithalgroup.com

Effective as of 22 October 2024