TERMS & CONDITIONS

Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to enter into a binding agreement with us on these terms and conditions.

If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us or seek independent legal advice.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

REFUNDS

Due to the digital nature of our products, courses and programs, we do not offer a refund except where required by Australian Competition and Consumer Commission Law.

DIGITAL PRODUCTS USE

When you purchase a Digital Product, you are granted a single non-exclusive, revocable, royalty free worldwide license to the product you have purchased. All Digital Products are for personal use only.
This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. Sharing, reselling or distribution of Digital Products, as well as any other proprietary information owned by us (Elevate with eCommerce) is prohibited. This includes your logins or username details to any other person other than yourself. Technology has been installed onto the Student Dashboard to detect discrepancies in IP addresses and any student found to have shared login details, will have access revoked immediately without refund & the theft will be reported to the appropriate governing authorities for further investigation & potential prosecution.

FINANCIAL OBLIGATIONS

In making a payment you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website, you understand that these services are provided by third parties and are made available to you on our Website for convenience only.
We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.

You are responsible for the completion of all payment plans associated with your purchase of any Digital Product. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

You represent and warrant that when purchasing a Digital Product that any credit card or payment information you give us is accurate and complete; and, that any charges incurred by you will be honored by your financial institution or credit card company; and, that you will pay the charges incurred by you, including any and all taxes; and, that if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

Failure to pay does not cancel your payment obligation. If we cannot collect your monthly payment, your access will be canceled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding balances whether or not you maintain an active student status.

You hereby authorise Elevate with eCommerce to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

LICENCE

In order to purchase access to an online course, you must first create an online account.
As a purchaser of an online course, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access the course and all associated intellectual property in accordance with these terms, copy and store the online course content contained therein in your device’s cache memory and to print pages from the online course for your own personal and non-commercial use. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
We don’t grant you any other rights whatsoever in relation to the Website or the online program. Specifically you are prohibited from re-using the content contained in the online course for commercial use. Elevate with eCommerce can revoke this license immediately and without notice if you use the content other than in accordance with this license.
You are not permitted to steal our content and/or repurpose it as your own. The content of the Site and the Digital Products are protected by law. You may not modify, publish, transmit, participate in the sale of (outside of affiliate promotions), create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, any content of the Site or the Digital Products, in whole or in part, without written content.
We reserve the right to immediately remove you, without refund, from any Digital Product you have purchased, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this site and will not sell any of its content without written permission.

RISK

Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered.

DISCOUNTS

We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both). We reserve the right to revoke any discount offer at any time without notice.

ACCESS

Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services. If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.

CONDUCT

You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive. Failure to comply with this clause amounts to a breach of this Agreement and Elevate with eCommerce may suspend or limit your access to the Services or terminate this Agreement.

EVENTS BEYOND CONTROL

Elevate with eCommerce will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, strike, act of war, terrorist attack nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority of major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS

We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. The information, advice and instruction we give are general in nature and are not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.
We accept no responsibility or liability for your personal or business results. Any advertised results from other students is indicative only and are not in any way guaranteed.

REFUSAL OR DISCONTINUATION OF SERVICE

We reserve the right to refuse access or discontinue service to any part of the Site or to any Digital Product to any order, person or entity without obligation to assign a reason for doing so. We may at any time change or discontinue any aspect or feature of the Site or Service.

INDEPENDENT LEGAL ADVICE

You can seek independent legal advice on these terms. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.

ASSIGNMENT

The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.

ENTIRE AGREEMENT

The contents of this Agreement constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement, whether orally or in writing.
We may amend these Terms of Service at any time, so ensure that you check these terms periodically. All amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Your continued use of the Site and/or Digital Products and Services after a change to the Terms of Service constitutes an agreement by you to abide by and be bound by the amended Terms of Service. 

WAIVER

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
ByApril.co does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site including Digital Products are free from errors, viruses, worms, trojan horses or other harmful components.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Elevate with eCommerce and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of theseTerms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service

CONTACT US

If you have any questions about these Terms, please contact us.