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Service Agreement

SERVICE AGREEMENT

By purchasing this program from us, you agree that you have read and accept our Terms of Use (https://www.wizementoring.com/pages/terms) and Privacy Policy (https://www.wizementoring.com/pages/privacy-policy). You also agree that we can contact you in the future, use your data/information to deliver our services or related content, and that you alone are responsible for your results so you waive liability from us for your actions. Below is the detail of that agreement.

Wize Pulse Subscription - 30-Day Trial

  1. You will be charged USD $67(including GST for Australian firms) to set up a 30 day trial (“30-Day All Access Pass”).
  2. In order to cancel the 30-Day Trial, you must prior to the expiry of 30 days from the date of commencement of the trial email us at [email protected] with the subject heading “Cancellation” or by cancelling through your account settings.
  3. If you do not cancel within the first 30 days, you will automatically be billed USD $197 (including GST for Australian firms) on the  following day and then on the same date of each month thereafter until you cancel.
  4. There are no refunds for any fees already paid, but you can cancel your subscription before being billed for the next month.
  5. You will receive ongoing emails or SMS texts to be alerted when the LIVE training starts. You can unsubscribe or reply STOP at any time to halt future email or SMS communication.
  6. If you cancel your subscription, you will no longer have access to the WizeHub and any data within it.

Fees

By commencing the 30-Day Trial and/or purchasing access to the program, you acknowledge and agree that:

  • If you have a 30-Day Trial only the fee of USD $67 (including GST) will be charged to you within the first 30 days of the date that you accept the 30-Day Trial;
  • if you do not cancel your account within the first 30 days, you will be charged USD $197 (including GST for Australian firms) the following day and each month thereafter until you cancel your account;
  • you may cancel your account at any time for any reason by replying to any of our emails, writing to [email protected]or cancelling via your account settings;
  • we do not offer partial or full refunds on any fees already paid; and
  • if any due payment is not received or declined at the time it becomes due, we may suspend your account until payment is made or terminate your account. This will mean that you lose access to all of your data.

Wize Pulse Subscription - 7-Day Trial Offer

  1. You will not be charged to set up a 7 day trial (“7-Day Trial”).
  2. In order to cancel the 7-Day Trial, you must prior to the expiry of 7 days from the date of commencement of the trial email us at [email protected] with the subject heading “Cancellation” or by cancelling through your account settings.
  3. If you do not cancel within the first 7 days, you will automatically be billed AUD $247(+GST) on the  following day and then on the same date of each month thereafter until you cancel.
  4. There are no refunds for any fees already paid, but you can cancel your subscription before being billed for the next month.
  5. You will receive ongoing emails or SMS texts to be alerted when the LIVE training starts. You can unsubscribe or reply STOP at any time to halt future email or SMS communication.
  6. If you cancel your subscription, you will no longer have access to the WizeHub and any data within it.

Fees

By commencing the 7-Day Trial and/or purchasing access to the program, you acknowledge and agree that:

  • If you have a 7-Day Trial no fees will be charged to you within the first 7 days of the date that you accept the 7-Day Trial;
  • if you do not cancel your account within the first 7 days, you will be charged $247.00 + GST the following day and each month thereafter until you cancel your account;
  • you may cancel your account at any time for any reason by replying to any of our emails, writing to [email protected]or cancelling via your account settings;
  • we do not offer partial or full refunds on any fees already paid; and
  • if any due payment is not received or declined at the time it becomes due, we may suspend your account until payment is made or terminate your account. This will mean that you lose access to all of your data.

Your account

Your account may only be used by you. You must secure your account details, including your username and password, and take all reasonable steps to prevent any other person from using or accessing your account details. You will be responsible for all acts and fees which are incurred using your account details. If we believe that there has been an authorised use of your account, we may, at our sole discretion, suspend or terminate your account. If you wish to grant a member of your staff access to your account, please contact us via email on [email protected].

Data Storage and Use

WIZE Mentoring, collect your information and can be contacted anytime at [email protected] All of our data use, terms, and privacy information can be found at https://www.wizementoring.com/pages/terms. You can lodge any complaints with us via that same email, or request to be removed from our email lists, phone lists, or advertising targeting, too.

When you submit information to us, WIZE Mentoring, we use it in an ongoing nature to ensure you receive the information or purchases you’ve made with us, to deliver relevant future content via our email newsletters, to track how much you use our sties or services, and to make future offers through our company or any other company that is involved in delivering your purchases, bonuses or content. By giving us your contact information now, you are granting us the right to contact you in the future in any manner necessary at our discretion for ongoing personal and professional development.

When collecting your payment information via this site, we are using a third-party software (Kajabi) that encrypts and processes your payment securely via Stripe. Their terms and conditions can be found on their respective websites and you hereby agree to their terms and conditions.

SMS/Mobile Texting

When you become a customer through our sites, you provide your phone number to us and we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to WIZE Mentoring or any of his brands or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for our products or programs you hereby grant us permission to text you until you reply STOP. We do not ever sell or rent your phone number and we only communicate with you regarding relevant WIZE Mentoring programs.

Third Party Data Use

We rarely share your information with any other company unless it is necessary to deliver your purchases or content. As an example, if you purchase certain courses from us, you may receive a bonus coaching session or group coaching session as part of your offer/purchase which is delivered by a third-party company co-owned by us or Wize Mentoring, like Sky Accountants or Chan & Naylor. In that case, to deliver that coaching product or bonus, we share your information with Sky / Chan & Naylor so we/they can contact you to schedule that coaching call(s) you received as part of your purchase. At any time, you can contact us and request not to share your information such service providers, but you may lose access to certain purchase bonuses or items if you do not allow the delivering third-party to contact you.

As most of our content and network offerings are for ongoing business development purposes in the field of professional and business growth, and you are making a purchase related to ongoing growth or services from us, you should assume we will continue to contact you in perpetuity via email or via social media in order to deliver our services, serve you requested or related content, make recommendations, learn about your preferences, grant you free products, deliver programs to you with or from other platforms or companies, advertise to you or similar audiences, send you surveys, or contact you for any other related fulfilment or marketing purposes. By using our site(s) and submitting any information with us now, you agree to these terms without exception and agree not to attempt to hold us liable or make any claims against us for any use of your information, in perpetuity, under any circumstances. Again, if you do not want us to store, share, or use your data, just tell us via email.

If you want us to no longer contact you or store your information, just write us at [email protected] anytime with your request and we will begin removing you from our services or content as appropriate and as soon as we can.

Disclaimers

All products and services by our company are for educational and informational purposes only. Your level of success in attaining any stated ideas or strategies in our programs or on our websites is dependent upon a number of factors including your health, skill, knowledge, ability, dedication, goals, relationships, love of other humans, and financial situation, to name a few. Because these factors differ according to individuals, we cannot guarantee your specific success or results in any area of life or any endeavour. As stipulated by law, we make no guarantees that you will achieve any specific results from our information, programs or services and we offer no licensed or professional medical, legal, therapeutic, tax, or financial advice in this program. The information contained herein cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, financial or legal matters. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here today and use of our programs or websites at any time, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. As with any effort in life, there are risks that you may not get ahead - that’s life - so always consult professionals when needed and do what is right for your family. We are simply here trying to help you become more with powerful insights and information. If you ever need anything from us, just reply to any of our emails. We respect your dedication to learning and growing your life, so we're here for you anytime at [email protected].

Australian Consumer Law (ACL)

These terms 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.

Subject to those rights that cannot be excluded under the ACL, our liability (and any third-party supplier's liability) for a breach of a non-excludable condition or warranty is limited, at our option, to the supply of equivalent services; the repair of the services; the payment of the cost of replacing the services or of acquiring equivalent goods; or the payment of the cost of having the services repaired.

In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

 

Obligations of Users

(a) You must use the Website only for purposes that are permitted by the agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(b) You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;

(c) You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;

(d) You will not interfere (or attempt to interfere) with any security-related or other features of our Website;

(e) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;

(f) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(g) You will not use the services or Website for any illegal and/or unauthorised use;

(h) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and

(i) You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your data via the software and the website will comply with laws applicable to you (including any laws requiring you to retain records).

Ownership of Data:

Title to and all intellectual property rights in the data remain your property through the term of this agreement. However, your access to the data is contingent on full payment of the fee when due and adherence to the terms and conditions of this agreement. You grant us a licence to use, copy, transmit, store, and back-up your information and data using third party applications for the purposes of enabling you to access and use the services and for any other purpose related to provision of services to you.

Backup of Data:

You must maintain copies of all data inputted into the service. We adhere to the best practice policies and procedures to prevent data loss. However, we do not make any guarantees that there will be no loss of data. We expressly exclude liability for any loss of data no matter how caused.

Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content or data on those linked websites and have no control over or rights in those linked websites.

Third-party applications and your Data.

You enable third-party applications for use in conjunction with the services and acknowledge that WIZE Mentoring may allow the providers of those third-party applications to access your data as required for the use of the services. You agree to adhere to the terms and conditions of all third party applications.

WIZE Mentoring shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.

Microsoft Terms

By utilising the website and the services, you agree to the use of the Microsoft terms which is available on www.Microsoft.com


SharePoint

By utilising the website and the services, you agree to the use of the SharePoint terms and conditions which is available on www.Microsoft.com

Warranties and Acknowledgements

You acknowledge that you are authorized to use the services and to access the information and data that you input.

WIZE Mentoring has no responsibility to any person other than you and nothing in this agreement confers, or purports to confer, a benefit on any person other than you. If you use the services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that you will indemnify WIZE Mentoring against any claims or loss relating to:

(i) Our refusal to provide any person access to your information or data in accordance with this agreement; and

(ii) us making available data or information to any person with your authorization.

WIZE Mentoring gives no warranty about the services. Without limiting the foregoing, Wize Mentoring does not warrant that the services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Error free

WIZE Mentoring does not warrant that the use of the service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the services. Wize Mentoring is not in any way responsible for any such interference or prevention of your access or use of the services.

Consultation with professional

The content on the website and the services do not replace the face to face relationship with your accounting, bookkeeping or mentoring  professional.

We encourage you to seek advice from a certified professional in addition to using the content provided on the Website.

It is your sole responsibility to determine that the services meet the needs of your business and are suitable for the purposes for which they are used.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

Access to site

We intend for the services should be available 24 hours a day, seven days a week. However, you acknowledge that there will be occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

To the maximum extent permitted by law, we make no representations or warranties about our Website, your data or the content, including (without limitation) that:

(a)  it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b)  access will be uninterrupted, error-free or free from viruses;

(c)  there will be no loss of your data; or

(d) a third party will not lose your data or close down which will cause you to lose your data.

You acknowledge that the Website is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the parties or the misuse of your content by any party.

If you cancel your subscription, you will no longer have access to the WizeHub and any data within it.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

  • any act that would constitute a breach of the law in the relevant jurisdiction;
  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

 

Changes to Services

(a) WIZE Mentoring may make reasonable changes to the services (including scope and method of delivery) from time to time.

(b) Except to the extent specified to the contrary above, WIZE Mentoring is not obliged to support the software or any adaptions or applications used in relation to the software, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise.

 

Indemnity

You indemnify and will defend WIZE Mentoring and its employees, officers and agents (those indemnified) from and against any loss or damage (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by those indemnified resulting from:

(i) a breach by you of its obligations under this agreement; or

(ii) any wilful, unlawful or negligent act or omission of Client.

 

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 this agreement any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations 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.


Termination

(a) Termination by WIZE Mentoring – WIZE Mentoring may terminate this agreement by notice in writing to you if:

(i) You breach of any express or implied term of this agreement and, where the breach is capable of remedy, the breach is not remedied within 30 days of notification by WIZE Mentoring; or

(ii) You become, threaten, or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration.

(b) Termination by you - Without limiting the remainder of this agreement, you may terminate this agreement immediately by notice in writing to WIZE Mentoring

(i) If WIZE Mentoring is in breach of any express or implied term of this agreement and, where the breach is capable of remedy, the breach is not remedied within 60 days of notification by you or

(ii) You stop paying your fees in accordance with this agreement.

 

  • Termination of this agreement will result in the loss of all of your data.

 

General

(a) Assignment

You will not transfer or assign its rights under this agreement without our prior written consent.

(b) Force majeure

(i) If a party is prevented from or delayed in performing an obligation by Force Majeure, and promptly acts to mitigate or remove the Force Majeure and its effect, then the obligation is suspended during, but for no longer than, the period the Force Majeure continues and any further period that is reasonable in the circumstances.

(ii) In this clause Force Majeure means an event beyond the reasonable control of the affected party, which occurs without the fault or negligence of the affected party.

 

(c) Notices

Any notice, approval, request, demand or other communication (notice) to be given for the purposes of this agreement must be in writing and must be: (i) served personally; or (ii) sent by ordinary or registered post or (iii) sent by email.

 

(d) Governing law

This agreement will be governed by the laws of New South Wales. The parties submit to the nonexclusive jurisdiction of the courts of that State.

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