Terms and Conditions of Use of Marketing Strategier Membership, Courses and using the website
Last Updated on 19thNovember 2020
NOTICE:
These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, including online courses. These Terms and Conditions apply to all Marketing Strategiser Courses, Workshops, Webinars, Training, Coaching and Memberships.
By clicking “Buy Now,” “Purchase”, “Enroll”, “Join Now” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Marketing Strategiser and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the product, programme, digital download, e-book, and/or course (collectively known as the “Product”) as outlined on Company’s Website, Sales Page, or other point of purchase.
- The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website at www.marketingstrategiser.com (“Website”) as part of the Product.
Terms of this Membership or Course and Membership or Course Purchaser Agreement
All programmes, products, courses or services are owned and provided by Marketing Strategiser (“Company” or “we” or “us” or “our” or “I”). The term “you” or “your” refers to any user or purchaser of said membership(s), programme(s), product(s), course(s), or service(s) (the “Course”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course and Services. We reserve the right to update and change these Terms at any time and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at info@marketingstrategiser.com and we will make reasonable efforts to remove your name, email and access to our Course and website(s).
Your Course Use and Consent
When you purchased a Course from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Course and further access of the Course, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Course. Access of our Course(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
Access for minors is only permitted on courses specifically for children / kids and by agreeing to our T&C’s you are consenting to your child / children / kid / kids taking part and adhering to any rules and regulations stipulated.
License(s)
Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Course, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Course, including any courses purchased by you to access, view, and use the Site solely for your personal purposes.
Your purchase of any Course only entitles you to view that Course in accordance with the foregoing License and is not a purchase of the software or content constituting or included in the Course. More specifically, unless explicitly authorised in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Course(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Course for your individual use, provided that you keep intact all copyright and other proprietary notices.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
We reserve the right to terminate your access to the Course at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Course with no refund of fees.
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Marketing Strategiser and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide.
Fees and Refunds
Fees. Fees for Courses are set forth on the Sales Page. We reserve the right to change Course Fees at any time.
Your recurring membership fee will remain the same for your lifetime in the membership, unless you cancel your membership, but then re-join at a later stage. In which case, you will pay the going membership rate.
Refunds. Company does not offer refunds for buyer’s remorse. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Course. We offer a 14-day refund period for purchases of Courses. However, in order to qualify for a refund you must submit proof (as detailed below) that you did the work in the course and it did not work for you.
In the event that you decide your purchase was not the right decision for you or your business, within 14 days of enrolment, contact us at info@marketingstrategiser.com and let us know you’d like a refund by the 14th day at 23:59 UK time. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 14th day, you will not be granted a refund. All refunds are discretionary as determined by Marketing Strategiser.
The work that you need to submit with your request for a refund includes ALL of the following items:
+ Proof of completed modules and assignments/homework-we are able to track the progress of the course content see if you have completed all the modules you have access to.
+ Proof of active participation in the Facebook group.
We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the programme regardless if you complete the programme.
Refunds will not be issued on the basis of the course not being suited to the purchaser’s level of education in the given field. It is the responsibility of the purchaser to ensure the course suits their needs, through the outline on the course sales page or by emailing info@marketingstrategiser.com directly.
Please note: If you opted for a payment plan and you do not request a refund within 14 days, and attach the required complete coursework as outlined above, you are required by law to complete the remaining payments of your payment plan.
Recurring Payments. If you have signed up for a payment plan or membership, you hereby authorise our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete or you cancel your membership, as set forth in your acceptance of the purchase terms upon checkout. You may cancel a monthly membership at any time, as long as you e-mail info@marketingstrategiser.com5 days before the payment is due to be taken, otherwise you will be charged for the whole month.
Late Payments. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Course. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
Termination
You have the unilateral right to terminate your use and access to any of our Course(s). Please send an email to info@marketingstrategiser.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collection agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
Intellectual Property
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Marketing Strategiser or the properly attributed party. It is a violation of the law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Course is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may:
Access the Course for your individual use (if additional members of your team need to access the Course, you must purchase additional Courses at one per each team member);
Download and/or print any Course materials for your individual use in your business (if additional members of your team need to download and/or print any materials from the Course, you must purchase additional Courses at one per each team member);
Use our trademarks and copyrighted materials only with our prior written consent and proper credit and marking, namely, citing ©Marketing Strategiser as the source of the material.
You may not:
Re-sell or trade your access to the Course;
Share the Course with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Course, except as set forth above and for your own individual use;
Republish any of the Course, in part or in whole;
Distribute any of the materials contained in the Course or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Course for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Course (and its related communications and materials);
Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Request for Permission to Use Content. If you wish to use, publish or refer to any of our content, Course(s) or related materials, you must do so by requesting permission prior to commencing use of the same by email us at info@marketingstrategiser.com. Permission is not granted until you receive such permission in writing.
Civil and Criminal Penalties. Even though our Courses are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed.
Your Materials and Contributions. By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Course and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Course(s) or related materials, and we reserve the right to disclose your participation in the same.
Model Release. You must own the copyright to any image(s) you use in our Course or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Course, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
Notification of Use. We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
Good Faith
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
Security and Assumption of Risk
Security. It is your responsibility to secure your username and password from theft or any other means of unauthorised use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilising these payment processors to gain access to the Course, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk. By accessing our Course(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.
Disclaimers
General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of this Course and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Course. This Course is for educational and entertainment purposes only. None of the Course or its related material(s) should be construed as medical, legal, financial advice.
Earnings Disclaimer. While we may reference certain results, outcomes or situations on this website or its related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of our Course(s). Any results you see on are not guaranteed or typical.
Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s), including you.
Warranties Disclaimer. We make no warranties as to our programmes, products, services, courses or programme materials. You agree that programmes, products, services, courses or programme materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the programmes, products, services, courses, or programme materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website or content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our programme, product, services, courses or programme materials in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Course(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Facebook or MemberVault, where we host some of our courses.
Errors and Omissions. This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at info@marketingstrategiser.com
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Course(s).
Limitation of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, Marketing Strategiser and Sascha Dutta IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Marketing Strategiser and Sascha Dutta HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
Marketing Strategiser and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Course(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Course(s) and related material(s).
Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Course, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Course(s), the laws in the UK will apply.
Non-Disparagement. If you are found to be slandering, libelling or otherwise disparaging our Company, Course(s) or related materials, you will be immediately removed from the Course(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
Miscellaneous
All Rights Reserved. All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Company.
Contact. If you have any questions about any term of these Terms of Use, please contact us at info@marketingstrategiser.com
These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions. Privacy Policy https://www.marketingstrategiser.com/cookies/