Terms of Purchase and Website Use

1. Terms of Purchase

This online platform (Platform) is operated by Bonita Ackerman trading as This Brand (we, our or us).  It is available at www.customer-success.thisbrand.nz (Website) and at any other third-party application we choose to use now or in the future (Platform).

Acceptance

By accessing and/or using our Platform, each user of our Platform (you or your) you promise that you:

  • have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms);
  • have the consent of your parent or legal guardian (if you are under 18 years of age) to use the Platform;
  • have the legal capacity to enter into a legally binding agreement with us; and
  • agree to use the Platform in accordance with these Terms.

Registration

You can browse and view the Platform as an unregistered user, however, you may be required to register on the Platform and create an account (Account) to access some features, such as the purchase of courses, services and any other products (Goods).

When do these terms apply?

These Terms apply when you purchase one of our digital products (Content) available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Content.

Our Contract

When you place an order via our website (Order), you will receive an acknowledgement e-mail confirming receipt of your Order (Acknowledgment). The Acknowledgement is not our acceptance of your Order.

A contract will not be formed between us until we send you confirmation the Content has been dispatched to you by email or another form of digital download (Contract). In the case of audio, text, video or online course content hosted on our Site, we grant you a licence (which is limited, revocable, non-exclusive and non-transferable) to listen to, download, watch or stream such content for your personal, non-commercial use, subject to the terms and conditions of any applicable third party platform used to host our Site.

If you make more than one Order a new contract will be created each time you place an Order.

You agree that you will not copy, reproduce, distribute or use the Content other than as set out in these Terms and that you must not sell, transfer, lease, modify, distribute or publicly perform the Content provided to you by us.

If you breach these Terms we reserve the right to terminate your license to use any Content. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other Content we offer will be subject to another contract.

Privacy and availability

We use our best efforts to try and ensure that all details, descriptions and prices that appear on this Website are accurate, however, errors may occur. If we discover an error in the price of any Goods advertised, we will correct the error within a reasonable time.

Payments

Any payments will be made through our third-party payment processor or by any other payment method set out on the Platform. To the extent permitted by law, our service fee is non-cancellable and non-refundable. We reserve the right to set out a number of payment methods on the Platform. Where a Third Party Payment Processor is used, that Payment will be subject to additional terms and conditions (Third Party Terms). Please review any relevant Third Party Terms before using your selected payment method.

We will advise, at the time of the purchase of the currency in which you are required to pay for the Goods. If you are charged in Australian dollars, Goods and Services Tax (GST) may be added to the price at our discretion.

Delivery of Content to you

The Content will be provided to you by email or another form of online courses and digital downloads, including but not limited to streaming them from a third-party platform or downloadable documents or files. You acknowledge and agree that any use of a third-party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.

Receipt of Goods

You must inspect the Content immediately upon download or receipt and let us know if there is an issue with downloading. We reserve the right to remove active links for the download of content after 24 hours of purchase.

If you fail to give such notice, the Goods must be deemed to be in all respects in accordance with the specified requirements.

No claim must be recognised unless made in writing and received by us within 24 hours after receipt of the Goods by you.

This paragraph does not apply if the Goods are subject to consumer guarantees imposed under the New Zealand Consumer Law — where consumer guarantees apply.

Refund and Cancellation Policy

Please choose carefully. Because of the nature of digital products and their immediate availability to you, we do not give refunds if you change your mind or make the wrong decision. Any refund will be at our absolute discretion.

Collection of information

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, titles and interests (including intellectual property rights) in our Platform, Site and all of the Content. Your use of our Platform and your use of and access to any Content on the Site do not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without our prior written consent or the consent of the owner of the Content (as applicable):

(a)   copy or use, in whole or in part, any Content;

(b)   reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c)   breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1)        altering or modifying any of the Content;
(2)        causing any of the Content to be framed or embedded in another website; or
(3)        creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

(a)    you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b)    neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform or any of the Content, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

(a)   Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

(b)   Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Limitation on Claims

(a)   We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(b)   We have no liability to the extent that a failure of the Goods is attributable to any act or omission on your part, including but not limited to where you do not follow appropriate download instructions for the Goods.

(c)   Our liability for failure to comply with a consumer guarantee is limited to:
(i)         in the case of Goods supplied by us, the replacement of the Goods or the supply of equivalent Goods (or the payment of the cost of the replacement or supply); and
(ii)        in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

(d)   Subject to the prior, no attempt is made to exclude or limit liability arising under the New Zealand Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(e)   In all other respects, our total liability for loss or damage of every kind, whether:
(i)         arising pursuant to the terms of service; or
(ii)         arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

(f)  Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

(g)  Where you have asked us to recommend a product or digital Content for your use, we make such recommendations on the information provided to us by you and will not be liable if the products purchased fail to meet your requirements, particularly where we have not been made aware of the full circumstances of the intended use or your specific situation.

(h)  This clause will survive the termination or expiry of these Terms.

Warranty Disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied in these terms and conditions is excluded.

Indemnity

You agree to at all times indemnify us and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceeding by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Disclaimer

We have made a reasonable commercial effort to accurately represent the Content we offer and the likely outcome of using the Content, there is no guarantee that you will achieve the results that you may have expectations of. In this regard, your level of success in using any of the Content offered by us depends on external factors and we are not liable for failure to attain expected results or for any other reason.  You acknowledge and agree that you will proceed on this basis.

Further, you warrant that you have not relied on any testimonials published by us as a reliance to purchase the Content and undertake that you will use the Content on that basis and hold us harmless if you do not achieve the results you desire.

General

Entire agreement: The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after any such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: These Terms, and your Order, are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Entire Agreement: These terms constitute the entire agreement between you and us.

Contact

For any questions and notices, please contact us at:

Bonita Ackerman T/A This Brand

Email: bee@thisbrand.nz

Last update: 24 August 2022

2. Terms of Website Use

this!brand – Brand Academy (we, our or us) operates this website (Site). The domain address of the Site is www.customer-success.thisbrand.nz and it may also be available through other addresses or channels.

You agree to be bound by these Terms

By using our Site, you agree to be bound by these Site terms of use (Terms) and the Privacy Policy available on our Site. Please read these Terms and if you don’t agree to them, then you should stop using our Site at once.

When we can change these Terms

We may change these Terms at any anytime by publishing the varied terms on our Site. Make sure you come back and check the Terms on a regular basis to ensure you are up to date with the current Terms.

Changes to the Site

Materials and information on this Site (Content) are also subject to change without notice. While we try to keep our Site current, we do not make any promises or undertake to keep our Site up-to-date and are not liable if any Content is inaccurate or out-of-date.

The way in which you use the Site

You have no ownership of the Site. We own the Site and grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Site.

You may not use the Site in any other way without our agreement in writing. All other uses of this Site must be in accordance with these Terms.

We do not permit you to:

  • copy Content or any other details on our Site;
  • use or copy our Site or Content in any way that competes with our business; or
  • breach our copyright or other intellectual property in the Site.

Behaviour on the Site

When you use our Site, we expect you to abide by a clear standard of behaviour. You must not do, or attempt to do anything:

  • that is unlawful;
  • prohibited by law
  • we would reasonably consider inappropriate; or
  • that might bring our Site or us into disrepute.

This includes (without limitation):

  • anything that would breach the privacy of an individual;
  • using our Site to defame, harass, threaten, menace or offend any person;
  • interfering with any user using our Site;
  • tampering with or modifying our Site;
  • intentionally transmitting viruses to our Site;
  • intentionally transmitting disabling or damaging features to our Site;
  • interfering with our Site, including the use of Trojan horses, viruses, piracy or programming routines that may damage our Site;
  • using our Site to send unsolicited email messages; or
  • assisting a third party to do any of the above.

Information only

The content on our Site provides a summary and general overview of our business and the things we do. The information we provide does not create a client relationship with you. While the information may be helpful to you, it is not intended to be comprehensive or specific, and we do not have any obligation to you in this regard.

Disclaimer

We use reasonable commercial efforts to ensure the accuracy and completeness of the Content on our Site. However, to the maximum extent permitted by law, we make no representation, warranty or guarantee with respect to the Content or the likely outcomes you will get if you activate the information on our Site and apply it to your situation or life. You should always get professional advice about your circumstances from an appropriate professional.

Intellectual Property rights

Unless we state otherwise on the Site, we own or licence all rights, title and interest (including intellectual property rights) in our Site and Content.

Your use of our Site and your use of and access to the Content does not grant to you or transfer any rights, title or interest in relation to our Site or our Content. You must not:

  • copy or use any Content from our Site (in whole or part);
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Third-party sites

Our Site may contain links to websites operated by third parties (Third Party Sites). Unless stated on our Site, we are not responsible for the content on Third Party Sites. Further, we do not control, endorse or approve any Third Party Sites.

Content you upload to our Site

We encourage you to interact with our Site. We may permit you to post, upload, publish, submit or send (upload) information and content to our Site (User Content).

If you upload User Content to our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence for the User Content. This means we are able to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, display, publicly perform, transmit, stream, broadcast, access, or otherwise use the User Content on, through or by means of our Site.

You agree that you are responsible for all User Content that you upload and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in the User Content (as contemplated by these Terms); and
  • the User Content, your upload of the User Content or our use of it on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time remove any User Content you upload at our discretion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (without limitation) that:

  • it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • you will have uninterrupted access;
  • it will be error-free or free from viruses; or
  • our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Limited Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, however it arises, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Removing our Site (or your access to it)

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person (including you) from using our Site, at any time at our discretion. We are not responsible for any loss, damage or Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

What happens if part of these Terms is not right?

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

The law that applies to these Terms

The laws of New Zealand, govern these Terms. If you access our Site throughout New Zealand or overseas, we make no representation that our Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access our Site from outside New Zealand , you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Contact

For any questions and notices, please contact us at:

Bonita Ackerman

Email: bee@thisbrand.nz

Last update: 24 August 2022

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