BY USING ACTIVEMARKETERCADEMY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
Active Marketer Academy – Membership Community Terms & Conditions
Subscription Terms and Conditions These terms and conditions govern your subscription to use the information and resources we provide through our website at [https://activemarketeracademy.com] (Website) and form a legally binding agreement between you (you or your) and us, [Brand Engine Media Pty Ltd] (ABN 86 611 090 432) trading as The Active Marketer (we or us). Prior to using certain services on the Website you will be required to set up an account which will enable you to access our services by using a username and password.
We grant you a revocable, non-exclusive, non-transferable licence to use the Website, and the services we provide through our Website (Our Services) during the period in which you are a subscriber of Our Services.
Our Services and the Website
You must use the Website and Our Services for the purpose for which it is intended and not for anything else. You acknowledge that the purpose of the Website and Our Services is to provide a facility for you and others like you who would like to gain access to templates, webinars, training materials, discussion forums and other online resources relating to the topic of online marketing, sales funnels and marketing automation.
You must not use Our Services to promote, market or sell any products or services similar to or based on Our Services or share with or allow another person to use Our Services without our prior written consent.
You must not attempt to hack, decompile, disassemble, modify, translate, adapt, reverse engineer or create derivative works from any part of Our Services. In using the Website or Our Services you must not transmit or introduce any virus or corrupt files so as to damage or disrupt Our Services.
You agree to pay our fees in advance on a monthly, quarterly or annually as selected by you in completing the online form. You may at any time terminate your subscription by sending an email to [email@example.com] advising that you wish to terminate your subscription at least 14 days before the effective date of termination. We may increase our fees provided we give you at least 14 days’ notice of our intention to increase our fees prior to the date any payment is due.
Our fees are exclusive of all taxes, duties, levies or imposts. You are responsible to pay any such amounts in addition to our fees where applicable and must reimburse us if requested by us.
You must keep your account details including your username and password secure at all times and do all such things necessary to prevent another person from using or accessing your account details. You are responsible for all activities that are undertaken through your account.
You are solely responsible for any content posted on our Website that is submitted through your account (“Your Content”). Your Content must be lawful and appropriate. Your Content must not be defamatory, offensive, illegal, in breach of confidentiality, discriminatory, abusive, misleading or deceptive, intimidating, bullying, harassing or threatening.
Inappropriate Content or Use
If we determine, in our sole and absolute discretion, that any of Your Content is inappropriate or you use Our Services for a purpose that is not intended by us, we may without notice to you, remove all or any part of Your Content. In addition, we may also deactivate or terminate your account without notice to you. We may also report you to any relevant legal authorities.
Third party products and services
The Website may contain links to third parties’ websites which may result in you purchasing goods and/or services from third parties. We disclose to you that we may receive commission payments from those affiliates from time to time in relation to any third party goods and/or services purchased by you. Our linking of such third party websites does not signify or represent that we endorse or sponsor such websites or any of the goods and/or services that are available for purchase. You are responsible for conducting your own due diligence in relation to the suitability of the third party goods and/or services for your specific needs. To the maximum extent permitted by law, we disclaim all liability in connection with the information and goods and/or services contained in those third party websites.
Intellectual property rights
You will own all intellectual property rights in Your Content. You grant us a royalty free perpetual irrevocable worldwide transferable licence to use Your Content in any way we see fit (including, without limitation, reproducing, modifying and publishing in) in any manner or medium and permit us to authorise any person to do the same thing. You acknowledge that we have the right but not the obligation to use and display any of Your Content. You permit us to modify Your Content and determine the way that it is accessed and presented on our Website. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party consents in the same manner.
You acknowledge that we cannot control what other users do with Your Content and that we are not responsible for the acts of third parties in relation to Your Content including but not limited to breach of any of your intellectual property rights.
We own all intellectual property rights in our name, logo, trade mark, domain name and Website including but not limited to images, designs, literary and artistic works, screen formats, source codes, object codes, layouts and file structures underlying the Website except any content generated by other users or licensed by third parties to us and any content that is posted by us. We also own all intellectual property rights subsisting in or relating to Our Services.
You will not do or omit to do anything that will infringe our intellectual property rights or those from whom we have licensed including but not limited to reproducing, republishing, adapting, modifying, reverse engineering, decompiling, translating, re-posting, transmitting, re-selling or distributing any content on the Website or materials relating to Our Services.
You agree to do all things and sign all agreements, instruments, transfers and other documents requested by us to give full effect to the provisions of this agreement.
Representations and Warranties
You represent and warrant to us you own Your Content and the publication of Your Content on our Website will not infringe the rights of any person. You also represent and warrant to us that any information you supply to us including Your Content are true and correct in all respects and not misleading or deceptive.
We do not represent or warrant that the Website or Our Services will be available at all times or that they will be free of interruption, errors or omissions. Interruption to Our Services for reasonable periods of time for maintenance or for causes beyond our control are not grounds for non-payment of our fees or a refund of any fees paid.
We exclude all representations, warranties or terms (express or implied) other than those expressly set out in these terms and conditions.
We are not responsible for any of Your Content or any content posted by other users. We disclaim all liability arising out of or in connection with Our Services or any content posted on the Website including Your Content and any goods and/or services you purchase through the Website. We do not warrant the truth or accuracy, completeness, reliability, suitability or availability of any of Your Content or any content posted by any other users on our Website. We make no representation that Our Services or any information on our Website constitutes advice which can or should be relied on by any person or that you will achieve any results. You agree to use Our Services and the Website entirely at your own risk.
To the fullest extent permitted by law, we exclude all liability arising from or in connection with our Website, Our Services or Your Content. To the extent we are unable to exclude liability, we exclude liability for any indirect or consequential losses you may suffer and our liability to you will be limited to the amount of subscription fees you have paid to us in the period of 6 months prior to the date of your claim.
Release and Indemnity
You release us in relation to any claims you may have against us arising from or in connection with your use of or inability to use our Website, Our Services or Your Content.
You indemnify us and hold us harmless in relation to any claim made or threatened against us or any direct or indirect loss or damage (including any legal cost and expense on a full indemnity basis) suffered or likely to be suffered by us arising from or in connection with Your Content or your breach of any of these terms and conditions.
Australian Consumer Law
These terms and conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations including where you are a consumer, the guarantees under the Australian Consumer Law that cannot be excluded to the extent it applies to you. If such legislation applies, to the extent possible and to the extent allowed by the Australian Consumer Law, we limit our liability in respect of any claim to, at our option, the supply of the services again, or the payment of the cost of having the services supplied again.
We may, without notice, amend these terms and conditions at any time, and any such changes will be posted to this page. You should check this page regularly to take notice of any changes we may have made to these terms and conditions. If you continue to use the Website or Our Services, you will be deemed to accept the amendments.
Suspension or Termination
We may deactivate or terminate your account at any time if we determine, in our sole and absolute discretion, Your Content is inappropriate, you use Our Services for a purpose that is not intended by us or there has been a sustained period of inactivity or non-use on your account.
You cannot require or demand us to remove any of Your Content upon deactivation or termination of your account.
We may decommission or transfer our Website at any time without incurring any liability to you or anyone else. We may also terminate any part or all of our Services at any time without notice to you.
You must not make a claim against us in relation to any deactivation or termination of your account or Our Services or the decommissioning or transfer of Our Website.
Consequences of termination
On termination of your subscription we will revoke your access to the Website and to Our Services with effect from the effective date. We will refund you pro-rata in relation to the remaining unused period of your subscription net of any taxes, bank fees and other out-of-pocket expenses incurred by us in relation to administration. If you are a quarterly or annual subscriber, the pro-rata refund will be calculated on the basis of the undiscounted price for the subscription.
If any of these terms and conditions is determined by a court of law to be invalid or unenforceable, it will be severed to the extent that it is invalid or unenforceable. Severance of it will not affect the continued operation of the remaining provisions of these terms and conditions.
If we do not act in relation to a breach by you of these terms and conditions, it does not waive our right to act with respect to that or subsequent breaches. Any waiver by us must be in writing and signed by us.
The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.
This agreement contains the entire agreement between you and us about its subject matter and supersedes all prior discussions, representations, agreements and understandings between you and us in connection with the subject matter.
These terms and conditions are governed by and is to be interpreted according to the laws in force in Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts in Queensland, Australia. The rights and obligations of ours and yours will not be governed by the provisions of the United Nations Convention on Contractors for the International Sale of Goods (1980), the application of which are expressly excluded. If you are not located or do not reside in Australia, we have no knowledge or, and no responsibility for, the laws in your country.