TERMS & CONDITIONS
The term ‘Market Shifter’ or ‘us’ or ‘our’ or ‘we’ or ‘I’ (Market Shifter) refers to Market Shifter, the owner of this website and Our Sites, whose office is located in the Australian Capital Territory. The term ‘you’ or ‘your’ refers to the website user – the individual, natural person accessing or using our Sites.
Should you not agree with any of these terms and conditions, please do not use our sites. These Terms govern your use of Our Sites, as well as Market Shifter’s products and services, and form a binding contractual agreement between you and us.
Please ensure that you read these Terms carefully and contact Market Shifter at email@example.com if you have any questions before purchasing our products or engaging our services. These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
Market Shifter’s products and services are intended for people aged 18 and over.
ACCEPTANCE OF TERMS
- By accessing, downloading or using the products and services offered on our Sites, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
- We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on Our Sites. Your continued use of the Sites will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.
- All Market Shifter products and services are intended for general and information use only. Nothing on Our Sites, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice.
- Market Shifter provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
- Any testimonials and examples within our marketing materials or content including but not limited to membership content, written guides, videos, text, graphics, email content and information architecture (Our Content) are not to be taken as a guarantee that you will achieve the same or similar results.
- Your level of success in attaining the results claimed in our content, such as business growth and online success depends on your actions, finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level or business growth. Nor are we responsible for any of your actions.
- You acknowledge and agree that Market Shifter, its directors, employees and or representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
- Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- Your use of any information or materials on our Sites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through Our Sites meet your specific requirements.
- Our Sites contains material, which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
- Our Sites may also, on occasion, include links to other websites, which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- Every effort is made to keep the website 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.
EARNINGS AND INCOME DISCLAIMER
- Market Shifter cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
- Any financial representations referenced by us on our Sites, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
REGISTERING YOUR DETAILS
- Before you purchase our products and/or services, you must register an account with us.
- You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
- We may at any time request a form of identification to verify your identity.
- If you are a registered user or member to either of Our Sites, you acknowledge and agree that:
a) You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
b) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c) You will immediately notify us if your Password is lost or becomes known to any other person;
d) You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
e) Any information you provide to us for posting or inclusion in our Shifting Times Magazine (The Shifting Times) at any time, becomes our property.
22. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorised use of your registered details.
23. Market Shifter’s products and services are for one user only, you will not let any other person use your Password or any registered user or member services.
- When using our products and/or services, you may be given access to the Member’s Area of Our Site, Facebook groups, other online or in person forums, workshops or events (Market Shifter Community) in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through our Sites or our Market Shifter Community any of the following:
a) Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
b) Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
c) Information that includes personal or identifying information about another person without that person’s consent.
d) Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
e) Any information or content that impersonates any person or entity.
f) Any material, non-public information about companies without authorisation to do so.
g) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
25. By posting or otherwise publishing Your Content on our Sites or Market Shifter Community, you:
a) Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
b) Warrant that you have the right to grant the above licences;
c) Warrant that Your Content does not breach these Terms; and
d) Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
26. We reserve the right (but have no obligation) to:
a) Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
b) Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
CODE OF CONDUCT
- Our Sites and Market Shifter Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
- Whilst using our Sites, social media pages and/or our Market Shifter Community, we ask that you not:
a) Contact anyone who has asked not to be contacted.
b) Collect personal data about other users for commercial or unlawful purposes.
c) Infringe other user’s privacy rights.
d) Violate the intellectual property of others.
e) Post anything that contains software viruses, worms or any other harmful code.
f) Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
- We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Market Shifter product and/or services participants (Participants) and representatives of Market Shifter.
- You agree:
a) That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it.
b) Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
c) That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
d) That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
31. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
COPYRIGHT AND TRADE MARK NOTICES
- All material on our Sites, social media pages and in our Market Shifter Community or otherwise delivered by us including (but not limited to) course content, videos, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it.
- Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
- You acknowledge that you do not acquire any ownership rights by using our Sites or Our Content.
- The trademarks, logos, and service marks displayed on our Sites are the registered or unregistered trademarks of Market Shifter. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Market Shifter, in any manner that is likely to cause confusion with customers, or in any manner that disparages Market Shifter.
- Nothing contained on our Sites or in our Market Shifter Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
- All intellectual property, including our content, products and services, shall remain the sole property of Market Shifter. No license to sell or distribute Market Shifter’s materials is granted or implied. By purchasing our products and services, you agree to (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Market Shifter is confidential and proprietary, and belongs solely and exclusively to Market Shifter, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with Market Shifter. Further, by purchasing our products and services, you agree that if you violate, or display any likelihood of violating, any of our agreements contained in this paragraph, Market Shifter will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
- You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Market Shifter will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
- Our Content is copyrighted and original materials that have been provided to you are for your individual use only and a single-user license. You are not authorized to use any of Market Shifter’s intellectual property for your commercial business purposes.
RIGHT TO TERMINATE
- We reserve the right to terminate your use of our Sites, Market Shifter Community or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
- Refunds are not provided for our products and/or services that have been rendered by us, including where you have been given access to Our Content or our Market Shifter Community, whether accessed by you or not.
- Invoices for any Market Shifter program or membership are automatically generated.
- Our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
a) You agree to ensure sufficient funds are immediately available in your nominated account when make a purchase to meet any account withdrawals made by us.
b) If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
43. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
44. As consideration for any purchase you make on our Sites, you shall pay Market Shifter all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, PayPal account, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
45. All Market Shifter products, programs, events and services (including membership and subscriptions) are priced in U.S. dollars.
46. You must provide current, complete, and accurate billing and credit card information. You must also promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Username or Password) otherwise your account and access to any of our programs you have purchased will be suspended.
47. You hereby authorize Market Shifter 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.
48. 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.
49. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
50. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
51. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
52. In circumstances where we invoice you for payment in advance, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
53. From time to time, Market Shifter may offer members and participants the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
54. Annual subscription payments for Market Shifter (including membership) are set to auto-renewal by default. It is your responsibility to turn off auto-renewal if you do not wish to renew your membership/subscription with Market Shifter. Market Shifter takes no responsibility for any unintended auto-renewal payments made by you and will not provide a refund in these circumstances.
55. We abide by a strict no-refund policy. A refund may be granted in exceptional circumstances only, at the sole discretion of Market Shifter.
LIABILITY IS LIMITED
- The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Laws.
- We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Sites, Market Shifter Community or Our Content.
- In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our Sites, Market Shifter Community or Our Content.
- These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
a) Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
c) Accessing websites or servers maintained by other organisations through links on our Sites, Market Shifter Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
d) The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Sites.
- You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Sites, Market Shifter Community or through use of our products or services.
- In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of our Sites.
- As affiliates of certain products and services we may receive commission or compensation for recommending and promoting products/services linked to from our Sites, our content, emails, or via our Market Shifter Community.
- You cannot transfer or assign your Market Shifter subscriptions, membership or service offerings without Market Shifter’s prior written consent.
- We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
- Should a dispute arise between us, we strongly encourage you to contact Market Shifter at firstname.lastname@example.org to seek a resolution. Any reasonable requests will be considered and Market Shifter will attempt to resolve the dispute through alternative dispute resolution procedures if required, such as mediation or arbitration, as alternatives to litigation.
- These Terms shall be construed in accordance with and governed by the laws of The Australian Capital Territory. You consent to the exclusive jurisdiction of the courts in The Australian Capital Territory to determine any matter or dispute, which arises between us.
- We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
- If you have questions or comments regarding our Sites, or Market Shifter’s products or services, please email us at email@example.com
Trading Name: Market Shifter
ABN: 17 781 628 944