Terms of Service
Last Updated on 1st January 2020
MacBoix Limited endeavours to maintain a high level of service to its customers in relation to all of our products. Please read these terms of use (‘Terms‘) in conjunction with our Privacy Policy.
About these Terms
www.exclusiveonlinetraining.com (”this website”) is operated by MacBoix Limited (”we”, ”us”, ”our”). These Terms constitute an agreement made between the website user (”you”, ”your”) and us. You must not access or use this website unless you accept all of these Terms. By accessing and using this website you confirm your acceptance of these Terms.
Changes
We reserve the right to change these Terms from time to time by publishing the changed Terms on this website. You agree to review these Terms periodically to be aware of such changes. Your continuing access or use of this website following such publication shall be deemed your conclusive acceptance of these Terms, as revised. We reserve the right to add, modify, or remove this website or any information, feature, specification, or other part of this website (at any time and without notice to you).
Your privacy
Where we collect your personal information as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these Terms must be read in conjunction with our Privacy Policy.
Our intellectual property
The entire content of this website is protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, ‘our intellectual property’). We value our intellectual property and will vigorously enforce those rights to the fullest extent permitted by law.
Limited permission to use
You may view, download, or print portions of this website (and you may otherwise use the permitted functionality of this website) solely for your own personal use, provided that you agree not to change or delete any copyright or proprietary notices from such portions. You must not otherwise print or reproduce any part of this website for any reason except with our prior written consent in each instance. By making this website available to you, we do not give you any other right, title, interest, or licence in or to any of our intellectual property.
Restrictions
You must not access or use this website other than in accordance with these Terms. In the course of accessing and using this website, you must not:
1. copy, distribute, resupply, republish, upload, post, transmit, sell, prepare derivative works from, or otherwise deal with our intellectual property except as expressly permitted under these Terms or otherwise with our prior written consent in each instance;
2. disrupt or interfere with this website, or any other software, hardware or network associated with this website;
3. use simultaneous, unattended, or continuous connections to this website or otherwise use this website in a manner that adversely affects the availability of its resources to other users;
4. send unsolicited electronic messages or to otherwise harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or harm to any person;
5. transmit any files or material of any kind which contain a virus, corrupted data, or other malicious code (whether via this website or in any email that you send to us);
6. gain, or attempt to gain, unauthorised access to any part of this website (including any other user’s account), any other computer system, or any email or other private message not intended for you;
7. infringe, or attempt to infringe, the intellectual property rights of any person; or
8. violate any laws, rules, or regulations applying to or relating to your access to or use of this website.
Third party trademarks
All third party trademarks appearing on this website are the property of their respective owners, and are used on this website merely to refer to the trademark proprietor or its products. The use of any third party trademarks on this website is not intended to imply any connection between us or our products and services and the trade mark proprietor or any of its products or services, nor any endorsement of our products or services by the trade mark proprietor.
Account creation and account details
In order to be able to access certain information and functionality offered on this website, you must create an account. To create your account, you must provide all requested account registration details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, and you must keep your account details up-to-date.
Your username and password
Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. Your username and password may be used by one person only, i.e. a single login is not permitted to be shared by multiple people. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
Feedback and unsolicited ideas
If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. We (and our employees and agents) do not accept or consider unsolicited ideas, including artwork, demos, samples, and other ideas for new promotions, products, product names, processes, technologies, or materials (‘unsolicited ideas‘). You must not send unsolicited ideas to us. If you do send us unsolicited ideas:
1. we do not warrant or represent that those unsolicited ideas will be treated as confidential or proprietary; and
2. such unsolicited ideas will be treated and licensed as if they were ‘user content’ in accordance with these Terms.
Interactions between users
You are solely responsible for your interactions with other users of this website or any of our services. We reserve the right, but have no obligation, to monitor interactions, discussions, or disputes between you and other users.
Monitoring and termination
We have no obligation to you to monitor this website or any user content. However, we reserve the right to review any user content and to remove any user content if we receive a complaint about that user content, or otherwise in our sole discretion. We may at any time edit, refuse to display, or remove any part of this website (including your user content) as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. We may (at any time and without notice to you) suspend or terminate your account if you breach any of these Terms, or otherwise for any reason whatsoever.
Your warranties
You must not create, modify, transmit, upload, or submit any user content that does not comply with all of the warranties and representations described below. You warrant and represent that:
1. you own or otherwise have all rights necessary for you to create, modify, transmit, upload, or submit your user content and grant the rights;
2. where copyright (or any other intellectual property right) in any part of your user content does not belong to you, the owner of that part has granted you permission to use that part in accordance with the permitted functionality of this website and to license that part;
3. your user content does not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer;
4. your user content does not contain or comprise material that is unlawful, objectionable, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law; contains any falsehood or misrepresentation that could damage us or any third party; or is otherwise inappropriate; and
5. each person depicted in your user content (if any) has provided consent to the use of your user content as permitted through the functionality of this website and the licensing of your user content (including, without limitation, the copying, distribution, public display of your user content).
Products
We may offer goods or services (‘Products’) for sale on this website. Your purchase of each Product shall be governed by these Terms and any additional terms that we communicate to you at the time of purchase.
Subscription Products
Some Products may be purchased for a specified term, e.g., monthly or annually (‘Subscription Products’), rather than relating to a one-off good or service. The subscription term varies depending on the Subscription Product that you order. You are entitled to receive the relevant Subscription Product only during the subscription term specified in your order.
Contract formation
This website and the information on it constitute an invitation to treat and not an offer to supply Products. When you order Products from us, this constitutes an offer from you to buy those Products in accordance with these Terms. Only when we have accepted your order through the website following our receipt of your payment for that order shall a contract be formed between you and us.
Order Process
You may order Products from us by completing the relevant form online and providing us with the details of your order. You must provide all required information (including your name and email address). We shall then accept or reject your order through our website following our receipt of your payment for that order.
Our discretion in rejecting or accepting orders
No order shall be deemed accepted by us until you have received an order confirmation from us. We reserve the right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.
Prices
The price payable by you for any Product ordered by you shall be the price quoted on this website at the time your order is submitted. We may vary any prices on this website at any time and without notice to you.
Payment
We may charge fees or other amounts to access certain aspects of the Products available on this website. We have no obligation to supply Products unless and until we receive payment of all prices and fees. You are fully liable for all charges incurred under your account whether or not authorised by you. You must pay for your orders using the third-party payments service selected by us, such as Clickbank.com or PayPal. You agree to pay for your orders by authorising our nominated third-party payment service to charge your credit card account for the total price of the goods or services ordered and the applicable delivery charges (if any). You agree to be bound by the terms of these third-party payment services.
Recurring payments
You agree to pay for any Subscription Products by recurring payment. We will automatically charge you the relevant charges on a recurring basis. If you elect to subscribe for a Subscription Product on a monthly basis, then we will automatically charge you the relevant charges for the subsequent month unless you cancel your subscription before the new monthly subscription term begins. If you elect to subscribe for a Subscription Product annually, we will automatically charge you the relevant charges for the subsequent year, unless you cancel your subscription before the new annual subscription terms begin. You accept responsibility for all recurring charges incurred prior to cancellation. You agree that we may make periodic charges relating to your subscription without further authorisation from you.
Problems with payments
If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order.
Cancellation of orders: Non-Subscription Products
You may cancel your order any time prior to our order confirmation. Because downloadable goods or services are available to you, and could be copied by you on delivery, you cannot cancel once we have confirmed your order. If you cancel an order in accordance with these Terms before confirmation, we will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.
Cancellation of orders: Subscription Products
You may cancel your subscription for any Subscription Product any time by giving us 48 hours’ notice that you wish to cancel your subscription. If you cancel an order in accordance with these Terms, we will cancel future subscription instalment payments as soon as reasonably possible. Please note that if you give us notice of cancellation fewer than 48 hours before a pending subscription instalment payment is due to be charged, we cannot guarantee that that payment will be cancelled.
Incorrect Information
Where any Product is listed on this website with an incorrect price or with incorrect information, we reserve the right to cancel your order (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us we will refund the amount paid by you in relation to that order.
Errors
While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.
Malicious code
Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.
Security
Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume total responsibility and risk for your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any outbound hyperlink.
Disclaimer of warranties
To the maximum extent permitted by law, we provide this website and related information and services on an ‘as is’ basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
Endorsements
The number of sales and the profits made by affiliates who may provide testimonials or endorsements on this website is due to (among other things) the particular marketing strategy and products marketed by those affiliates and is therefore not typical of results achieved by affiliates. We make no representation that these results are typical.
Requested data disclaimer
The information or data that you acquire or specifically request using the tools or services of this website (‘Requested Data‘) may be licensed to us from third parties (each a ‘Data Provider‘). We do not in any way represent or warrant the accuracy, completeness, timeliness or good title to any Requested Data sub-licensed to you. Your access to and use of Requested Data is conditional on your acceptance and acknowledgement of the terms of this clause (‘Requested Data Disclaimer‘). We do not undertake any evaluation, further inquiries, or investigations into or in respect of the source of the data. You agree that you will direct or bring any queries, claims, or disputes concerning the Requested Data to the attention of, or against, the relevant Data Provider. The Requested Data is provided to you by us on an ‘as is’ basis. We do not give any warranty or other assurance as to the Requested Data or any other content or material appearing on or accessed through this website, including its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum and fullest extent permissible at law we disclaim all responsibility for any damages or losses including, without limitation, financial loss, damages, loss in business projects, loss of profits or indirect or consequential losses arising in contract, tort (including negligence) or otherwise from our provision of the Requested Data or any other content or your use of, or inability to use the Requested Data, or any material appearing on or accessed through this website, or from any action or decision taken as a result of using the Requested Data, or any such material, information, or data. We may terminate our supply of the Requested Data to you at any time for any reason.
Limitation of liability
To the maximum extent permitted by law, we will not be liable in contract, tort (including negligence), or otherwise for any loss of profits, loss of data, or for any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with: (i) your use of, or inability to use, this website, or any material appearing on this website; or (ii) any action or decision taken as a result of using this website, or any material appearing on this website even if we have been advised of the possibility of such damages. In no event shall our total liability to you in contract, tort (including negligence), or under any other cause of action for all damages, losses, costs and expenses suffered by you exceed the amount paid by you (if any) to us in the month immediately preceding the most recent event that gave rise to your claim.
Indemnity
You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:
1. your access to, use of, or reliance upon any part of this website;
1. any breach of these Terms by you or by any person who uses your account (regardless of whether that person has your authorisation); and
2. your negligent or willful acts or omissions in accessing or using this website.
Governing law
These Terms shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms. Except as otherwise described, all materials on this website are made available only to provide information about us, this website, and the products which may be ordered from this website. This website has been prepared in accordance with New Zealand law, and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law.