The following terms set out the relationship between Learn2Exceed Pty Ltd (ACN 610 715 234) (“learn2exceed”,”us”,”we”,”our”) and you (“you”,”your”).
Learn2Exceed provides instructional videos, articles, guides, tools, features, software, and other content to learn how to develop, build, market, and operate an eCommerce web store (collectively referred to as “Services”). The following are the terms and conditions for use of these Services, which may be updated and amended from time to time by Learn2Exceed.
Services
The Services are provided subject to the following terms and conditions and any operating policies that Learn2Exceed may establish (the “Agreement”). Learn2Exceed may make changes to this Agreement, and continued use of the Services constitutes Your acceptance of any such changes. In addition, when using particular Learn2Exceed services, You will be subject to any posted guidelines or rules applicable to such Services that may be posted on the Learn2Exceed.com website itself.
The Services are only available to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
The Services provide instructional videos, articles, guides, tools, features, software, and other content to learn how to develop, build, market, and operate an ecommerce web store.
You must complete a registration form in order to use the Services. You must provide true, accurate, current, and complete information about Yourself as requested in the registration form, and You must update the information to keep it current. As part of the registration process, You will provide an e-mail address, username, and password for Your Learn2Exceed account. You are responsible for maintaining the security of Your account, passwords, and files, and for all uses of Your account and of the Services in Your name. Learn2Exceed reserves the right to refuse registration of, or cancel, accounts it deems inappropriate in its sole discretion.
Restrictions and Responsibilities
This is an Agreement for Services, and You are not granted a license to any software by this Agreement. You represent, covenant, and warrant that You will not, directly or indirectly: reverse engineer, de-compile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
You represent, covenant, and warrant that You will use the Services only in compliance with Learn2Exceed‘s policies as published on this website or otherwise furnished to You by Us (the “Policy”) and also in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). We will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.
You may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party.
Although Learn2Exceed has no obligation to monitor the content provided by You or Your use of the Services, Learn2Exceed may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
For every e-mail message sent in connection with the Services, You acknowledge and agree that the recipient has agreed to receive such communication and that You shall not engage in the act of sending unsolicited emails.
You hereby agree to indemnify and hold harmless Learn2Exceed against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing.
In using the various features of the Services, You may provide information (such as name, contact information, or other registration information) to Learn2Exceed. Learn2Exceed may use this information and any technical information about Your use of this web site to tailor its presentations to You, facilitate Your movement through this website, or communicate separately with You. Learn2Exceed will not provide information to companies You have not authorized, and Learn2Exceed will not permit the companies that get such information to sell and redistribute it without Your prior consent.
User License to Learn2Exceed
If You place any information or other material on this website (including by posting messages, uploading files, inputting data or engaging in any other form of communication), You expressly grant to Learn2Exceed a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide license to use, copy, sub-license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.
This license includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of Learn2Exceed all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If We so request, You agree to sign such documents as we may request from time to time to perfect or otherwise confirm the terms of this license agreement.
The license also confers upon Learn2Exceed the right to sub-license to any third party any of the rights hereby conferred on us.
Termination
You may terminate this Agreement at any time by sending an e-mail message indicating such to support@Learn2Exceed.com
Learn2Exceed may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Learn2Exceed shall have no liability to You or any third party because of such termination.
Upon termination for any reason, Store Coach may delete any of Your archived data within 3 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
If You do not log into its account for more than 180 days, Your account may become inactive. When an account is classified (at Learn2Exceed‘s sole discretion) as inactive, Learn2Exceed will notify You by e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA MAY BE PERMANENTLY REMOVED FROM THE DATABASE.
Copyright
All information, videos, text, graphics, materials, software, tools, advertisements, and other content on this website is copyrighted and trademarked by Learn2Exceed, unless indicated otherwise, and consequently protected by Australia and international copyright and trademark laws.
You are not entitled to modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute any content on this website in any way without express written permission from Learn2Exceed.
Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. LEARN2EXCEED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND LEARN2EXCEED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. LEARN2EXCEED HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY LEARN2EXCEED OR LEARN2EXCEED‘S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. STORE COACH DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. LEARN2EXCEED DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. LEARN2EXCEED DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OF LEARN2EXCEED IN PARTICULAR.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY LEARN2EXCEED, LEARN2EXCEED AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, EMPLOYEES, DIRECTORS, AND OWNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF LEARN2EXCEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LEARN2EXCEED SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL LEARN2EXCEED BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LEARN2EXCEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LEARN2EXCEED SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. LEARN2EXCEED‘S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER’S ACCOUNT AS SET FORTH HEREIN. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, LEARN2EXCEED‘S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of Learn2Exceed) will Learn2Exceed or its affiliates be liable for any direct or indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this website or any content.
Learn2Exceed makes no express or implied claims that you will make money as a result of purchasing Learn2Exceed products or following advice on this website.
To the fullest extent permitted by law, Learn2Exceed‘s liability for breach of any implied warranty or condition which cannot be excluded is limited to the amount paid by you to Learn2Exceed for the applicable Services or Software out of which liability arose.
Indemnification
You agree to defend, indemnify and hold Learn2Exceed, its subsidiaries, affiliates, licensors, partners, employees, agents, officers, directors, shareholders and contractors (“Indemnified Parties”) harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of the terms of this Agreement or use of the Services or Software by You or any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs (including, without limitation, reasonable attorneys’ fees and court costs) and expenses of the Indemnified Parties. You also agree to defend, indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the Services and Software. Learn2Exceed reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, the Customer.
Miscellaneous
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and You do not have any authority of any kind to bind Learn2Exceed in any respect whatsoever.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
This Agreement shall be governed by the laws of the State of NSW, Australia without regard to its conflict of laws provisions.
We reserve the right to modify our pricing, and We will notify you by email or by posting it on this website when this occurs.
All rights not expressly granted herein are reserved.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO LEARN2EXCEED SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.