THIS IS A CONTRACT. Please carefully read the following terms before accessing this site and online Course Materials. By accessing the site, you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site.
You agree that you have read, understand and agree to these terms. You also agree to review this document periodically to be aware of modifications to the agreement, which Colin James may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- “Colin James” refers to all subsidiaries operated under the Colin James Brand (Altmore International Pty Ltd, James CM Pty Ltd)
- “Subscriber” refers to any person or entity that purchases or uses a subscription to the Online Courses, and may be a Single-User Subscriber or Multi-User Subscriber.
- “User” refers to any party who accesses the Site. If You are accessing the site as an employee or agent of another, “User” refers to You, and Your principal.
- “Website” or “Site” refers to the website maintained on the World Wide Web by Colin James.
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
- Modification of Terms
Colin James reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Colin James gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
- Limited License.
Colin James hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the on-line courses according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.
Each Multi-User Subscriber may only allow its employees and agents to access the on-line courses. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to the on-line courses. Each Multi-User Subscriber agrees that the on-line courses may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access the on-line courses from any Internet connection.
A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.
- Fees; Renewal; Refund Policies. Online course
- Access to on-line course materials is based on an annual subscription paid annually
- Subscription plan is renewable each year by Subscriber for continued access to the on-line course materials
- Renewal is on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 29th)
- The Subscriber will receive a notice thirty (30) days prior to the end of their subscription inviting them to renew their access to on-line course materials for another period of twelve (12) months. The Subscriber must opt-in and provide credit card details for payment to renew suscription
- Subscription fees are non-refundable
- Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
- Colin James may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Colin James provides notice at least thirty (30) calendar days prior to the expiration of the subscription
- Right of Access to the on-line courses granted under these Terms is effective only upon payment of the appropriate subscription fees. Failure to pay the subscription fees will result in termination of access to the on-line courses
- Public Program and Events
- A booking on the program will be made upon receipt of a registration form. On receipt of payment, attendance will be considered confirmed
- Payment in full is required prior to attendance at the event
- If, due to unforeseen circumstances, Colin is unable to conduct a presentation, participants will be offered attendance at a subsequent event or a full refund
- In the event that a participant is unable to attend the program, the following cancellation fees apply:
- Cancellation is allowed up to 14 days before the event without penalty
- 50% of program fee if cancelled within 7-13 days of the event
- 80% of program fee if cancelled within 2-6 days of the event
- 100% of program fee if within 0-1 day of the event
- In certain circumstances, and following discussion with Colin James' personnel, the booking may be carried forward to a subsequent event
Colin James strives to provide the on-line courses to its Subscribers on a continuous basis. To that end, Colin James will take all commercially reasonable efforts to provide uninterrupted Access to the on-line courses to its Subscribers. However, from time to time, Subscribers may be unable to Access the on-line courses due to conditions beyond Colin James’ control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the on-line courses to its Subscribers, Colin James will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Colin James endeavors to provide the highest quality content to its Subscribers. To that end, Colin James reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Colin James’ computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to the on-line courses using Your user name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
- Violate or attempt to violate Colin James’ security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of Australia
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Colin James.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Colin James.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Colin James reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the on-line courses to any person or entity whose use of the on-line courses suggests Prohibited Conduct. Access of the materials available at the on-line courses beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the on-line courses and will result in revocation or denial of Access to the on-line courses. The terms “normal patterns” and “abuse” shall be determined solely by Colin James.
You agree not to violate any Australian, foreign or international software or technology export laws and regulations.
Colin James warrants that the software that allows Users to Access the on-line courses (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. Colin James provides no warranty that your hardware, software, telecommunications equipment and / or internet service is compatible or sufficient to access the site.
Colin James also warrants that the media containing the Software, if provided by Colin James, is free from defects in material on the date the User acquired the Software. Colin James’ sole liability for any breach of this warranty shall be, in its own and absolute discretion: a) To replace the defective media or software b) to advise the user how to achieve substantially the same functionality with the software described; or c) if the above remedies are impractical, to refund the subscription fee paid for access to the on-line courses. The user must inform Colin James of any problem with the software within thirty (30) calendar days of discovering the problem or Colin James will not be obligated to honour this warranty. Colin James will use commercially reasonable efforts to repair, replace or refund the software pursuant to the foregoing warranty within thirty (30) days of being notified. If any modifications are made to the software by the user during the warranty period; or if the user violates the terms of this agreement, then this warranty shall immediately terminate.
User accesses this site at his/her/its own risk. This site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in section 7), expressed, implied, or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Colin James does not warrant any particular result from the use of this site.
Colin James does not warrant that the operation of and access to the site will be uninterrupted, error free, virus free, or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Colin James or any of its affiliates, agents, employees, shareholders, directors, officers or assigns be liable to You or any other person or entity for any indirect, special, incidental, punitive or consequential damages of character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK
Colin James shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Colin James. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the on-line courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Colin James, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Colin James’s intellectual property except as set forth in Section 3.
User agrees to defend, indemnify and otherwise hold harmless Colin James and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
Users are prohibited from violating or attempting to violate the security of the Site. Colin James has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Colin James may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the on-line courses. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify Colin James immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Colin James immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Colin James will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Colin James, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
Colin James will never ask You for Your password. If You need a new user name and/or password, Colin James will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
In addition to Colin James’ other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Colin James may also terminate Access to the on-line courses without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or have engaged in conduct that Colin James deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 6, 7, 8, 9, 10, 11, 13, 14 and 15, shall survive in perpetuity. Each Subscriber’s obligation to pay any outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between Colin James and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Colin James and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Colin James may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Colin James’s remedies are cumulative and not exclusive. Failure of Colin James to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this term. Colin James makes no representation that the content of the Site is appropriate or available for use in all locations. Colin James operates this Site from Australia and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Colin James cannot provide notifications via post, only e-mail.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by the laws in force in New South Wales, Australia, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Colin James shall be finally resolved through binding arbitration in New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum or to claim that those courts do not have jurisdiction.
EFFECTIVE DATE: June 12, 2013