Terms and Conditions

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COURSE TERMS & CONDITIONS

OVERVIEW

This Course is owned and operated by Linear Constructions  Pty Ltd ABN 84115144413 trading as Linear Design & Construct (‘Linear, ‘we’, ‘our’, or ‘us’).

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise access our online course

By accessing the Course, you:

1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
2. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Course. If at any time you choose not to accept these Terms, you should discontinue your use of our Course.

By continuing to access this Course, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

COURSE ACCESS

You may apply to access the Course by completing the application form and paying the Course Fee on our Site https://michael-pinter.mykajabi.com/sales-page-rev-b (‘Site‘). As a condition of purchase and participation in the Course, you agreed to be bound by our policies and procedures as set out in these Terms, including those incorporated by reference. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Course application for any reason.

Your access to the Course commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Course Fees’). Your access to the Course continues until terminated under these Terms or the Course is taken down. We will provide you with 30 days’ notice should we plan to take down the Course. In the event we intend to close down the Course, we shall provide you with [30] days’ notice and the ability to download applicable resources contained being the 2 years access we refer to in our promotional material.

 

To access the Course, you may be required to create an account. In doing so, you must provide accurate information, including your name, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.

COURSE FEES

In consideration for access to the Course, the Course Fees can be paid in one of two ways:

Payment via Credit/debit card

Paypal payment

Your preferred payment option must be selected at the time of enrolment and cannot be changed at a later date.  The total amount of the Course Fees will be dependent on the payment method you select at time of enrolment.

Where you select the Full Payment Fee, you will pay the amount of $277. 

Bonuses

At the time of enrolment, we may offer individuals bonuses to sign up for the Course.  You are entitled to any bonuses on offer at the time of your enrolment.  Please note that bonuses are not guaranteed to be available at all times and they may vary subject to any promotions we may have throughout the year.

REFUND AND CHARGEBACK

The Course Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.

Should you feel you are entitled to a refund as per our refund policy, this must be discussed with an approved by us.

Criteria for Course Refund Approval

1. Email us at [email protected]
2. Provide your reasons for seeking a refund

We will inform you within 14 days of receipt of your request whether a refund is applicable. Where we have determined that a refund is due, we will organise prompt payment via our payment provider.

If we determine that your refund request is valid, your access to the Course will cease and you must immediately cease using and destroy any materials provided to you in the Course.

Where you have received a refund either directly from us the following will apply:

1.  If we have provided you with access to our Course to a verified email address from which you have engaged with us, then you must destroy all electronic copies of any Materials downloaded by you and provide us with written confirmation to Linear Constructions via email that you will not use our Materials unless you provide payment in full for the Materials we have provided to you.

2.  If you receive the Materials and (a) do not comply with point 1 above and/or (b) use the Materials following a refund, we expect immediate payment upon receipt of a tax invoice from us.

Where you use our Materials and we do not receive payment, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process and should this become necessary, then we will seek payment of our outstanding tax invoices including any interest on the outstanding amount.

Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.

Guest Content

From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other courses, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.

Any individual who agrees to be interviewed as guest or contributes content in any way, transfers all intellectual property rights to us in any such interview and where assignment is not possible, will provide a non-revocable, perpetual licence to any such content.
 

COMPLAINTS

We are committed to your enjoyment of and satisfaction with the Course. Should you have any concerns or be dissatisfied in any way, please email us at [email protected]

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

INTELLECTUAL PROPERTY RIGHTS

As part of the Course, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Course and the Materials.

To the extent required for participation in the Course and in consideration for the payment of the Course Fees, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use and non-commercial use, and you agree not to:

1. modify the Materials;
2. copy or share the Materials or in any way cause or allow them to be copied or shared;
3. assign or transfer your membership of the Course to any other person without our express written consent; or
4. sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.

You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.

If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Course and the Materials without refund and pursue legal remedies including an accounting of profits should you use our Course and Materials for commercial purposes.  You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.

For any intellectual property that you provide us with through your participation in the Course (‘Participant Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Participant Content (including distribution for promotional purposes). By participating in the Course, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Participant Content at our discretion.

COURSE PROMOTION

Where you have provided testimonials (in any format), you acknowledge and consent that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Course may include images, copy, text and recordings (in audio and/or video format) of your participation in the Course, where you may feature prominently. These recordings are both for the purposes of providing the Course and for us to use in our promotional material to market the Course. You irrevocably consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

TERMINATION

We reserve the right to terminate your access to the Course with immediate effect if:

1. you infringe our Intellectual Property Rights;
2. you engage in conduct that is injurious or potentially harmful to our reputation;
3. you disclose Confidential Information without consent;
4. your actions are contrary to our interests;
5. we consider that mutual trust and/or confidence no longer exists; or
6. you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.

If we terminate your access to the Course, we may, at our sole discretion, refund any prorated balance of the Course Fee already paid by you.

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. You also agree to respect the privacy and confidential information of other Course participants unless you receive express written consent from such other participant. We will not disclose any information you provide except as set out in these Terms.

However, these obligations of confidentiality do not apply to any disclosure that:

1. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
2. is required by Applicable Law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

 PROHIBITED USE

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Course or its content:

1. for any unlawful purpose;
2. if you or your business in any way competes with our business;
3. to solicit others to perform or participate in any unlawful acts;
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
5. to attempt to change, remove, or otherwise interfere with the Course or any of its Materials;
6. to infringe upon any other person's proprietary rights; or
7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

WARRANTIES AND INDEMNITIES

We provide the Course and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

 

You agree that you engage in the Course at your own risk.

Except as expressly permitted by law, we cannot be held liable for:

1. any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
2. your inability to participate in the Course for any reason;
3. your failure to maintain the security of your login details that enable you to access the Course;
4. the statements or conduct of any third party; or
5. your reliance on the suggestions or recommendations of any third party or Course participant.

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.

INFORMATION AND ADVICE (DISCLAIMER)

Any content or information provided in the Course is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Course. No part of the Course is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. The nature of the Course means that we are unable to guarantee particular results, and any examples of achieved by other course participants is a representation of potential results only. Any results achieved through your participation in the Course will vary depending on a range of factors beyond our control.

 

You are responsible for determining whether the Course is right for you. We reserve the right to terminate or suspend your access to the Course at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

Any reference to other products or services, programs, courses, processes or other information appearing within the Course does not constitute or imply our endorsement, sponsorship or recommendation in any way.

PRIVACY POLICY

When you apply to take part in the Course, and during your participation, you may be required to provide us with certain personal information (such as contact details).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Course Entitlements and to communicate with you about the Course. Where you wish to withdraw your consent from email communications, you may simply unsubscribe.

ELECTRONIC SIGNATURE

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Course.

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Course and supersede all previous agreements, understandings and negotiations.

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.