PARTIES TO THE TERMS OF USE AGREEMENT
The parties to this Agreement are the visitors, viewers, users, subscribers, members, affiliates, or customers collectively referred to herein as “Visitors ” or “Subscribers” AND the website and its owners and/or operators are likewise herein referred to as the “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting, such that they have no right to broadcast, copy, save, print, sell, or publish any portion of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Also, Visitors have no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property this site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitors agree to compensate the owners of Poy TB with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitors warrant that they understand that accepting this provision is a condition of accessing Poy TB and that accessing Poy TB constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
Content and other elements comprising the Website are owned or licensed by the website’s owner and must be presumed to be protected by copyright. Visitors have no rights whatsoever in the site content, including but not limited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the software, and/or materials available on the Website in whole or in part unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, visitors are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are they allowed to ‘frame’ this site. Visitors likewise specifically agree to cooperate with the Website to remove or de-activate any such activities, and are liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, visitors agree to compensate the website with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitors warrant that they understand that accepting this provision is a condition of accessing Poy TB and that accessing Poy TB constitutes acceptance.
DISCLAIMER FOR CONTENTS OF SITE
Poy TB disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on Poy TB. Visitors assume all risks relating to viewing, reading, using, or relying upon this information. Unless visitors have otherwise formed an express contract to the contrary with the website, they have no right to rely on any information contained herein as accurate. Website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITORS ASSUME ALL RISKS OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
Website assumes no responsibility for damage to computers or software of the visitors or any person the visitors subsequently communicate with from corrupting code or data that is inadvertently passed to the visitors’ computer. Also, visitors views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at their own risks.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by the visitors, if any, for using this website or this service.
Additionally, visitors agree not to hold the website liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within website’s control.
INDEMNIFICATION
Visitors agree that in the event they cause damage to website or to a third party as a result of or relating to the use of Poy TB, Visitors will indemnify the website for, and if applicable, defend the website against, any claims for damages.
SUBMISSIONS
Visitors agree as a condition of viewing, that any communication between Visitors and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitors agree to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is required to be given to Visitors and Visitors expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
SUBSCRIPTION OPTION FEE
Website will not accept your subscription until it receives a payment from you equal to or greater than the minimum option fee required for the product or service you are subscribing in.
PRODUCT AND SERVICE WARRANTY
If any product that subscribers receive with their subscription is found to be faulty, the website’s only obligation is to replace the faulty product within 14 days of written request. All home study courses (online access or physical product) have a strict 30 day money back guarantee. To request a refund for a home study course, you must lodge your request in writing through website’s email within 30 days from the time of purchase.
COOLING OFF PERIOD
Visitors who avail the product or services of this website shall notify the website, in writing and within 5 business days from the date of subscription if they wish to cancel it. Website will refund visitors the total amount they have paid less the value of any product received with their subscription. i.e. products are non-returnable. This period is waived if a program is paid for within 3 days of the start of that program.
SUBSCRIPTION CANCELLATION LIABILITY
However, if visitors choose to cancel subscription for any reason, other than within the cooling-off period, they will be liable for the entire program price as advertised by Poy TB.
DATES CHANGES
If for any reason website deems it necessary to change the commitment dates, venue, speaker or hours, it may do so by notifying enrolees in writing of the changes. In this case enrolees retain the right to reschedule subscription and shall have no claim upon the website for a refund or compensation.
DATES CANCELLATION
If for any reason website deems it necessary to do so, it may cancel the commitment by notifying enrolees in writing. In this case it will refund the total amount they have paid for any month they have not received the program and they shall have no claim against the website for compensation.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitors agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. (Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605).
In no case shall the visitors have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; they will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Any such dispute which the parties themselves are unable to resolve shall be referred to, settled and be decided under Australian law. The Parties may refer the enforcement of any arbitral award to any competent court.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, visitors agree to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of Poy TB’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of Poy TB.
PARTIAL INVALIDITY
If one or more of the terms and conditions in these Terms or any part of a term is deemed invalid, unenforceable, illegal or inoperable, the validity, enforceability, legality or operability of all further terms and conditions shall not be affected or diminished thereby.
CONTACT INFORMATION
The Seller of this product is:
Mailing address:
Pran Tiangbangloung trading as Poy TB
4/14 Redman Road,
Dee Why, NSW, 2099
Australia
Contact Email: [email protected], All Rights Reserved.