Terms and Conditions
- SITE OWNER
1.1 This web site is owned and operated by A Change for Better Limited (“ACFB”, “we”, “us”, “our”), a registered New Zealand limited liability company.
- DESCRIPTION OF SERVICES
- LIMITATIONS ON USE
4.1 You must be at least sixteen (16) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason.
- SOFTWARE NOT PROVIDED
5.1 You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and internet service to use this web site and the Services.
6.1 To register (“Subscribe”) as a Member or Provider you must provide us with current, complete and accurate information as required, and you must pay the fee (“Subscription Fee”) for the Subscription.
6.2 Once you are Subscribed you will receive an email with login details to our online portal or download page. For some of the Services, where explicitly specified, we may offer a money back guarantee. For these the Services, if you are not completely satisfied, and providing you have complied with our refund terms, you can contact us within your Subscription period to receive a refund. We must receive your request at our offices at least 14-days prior to your Subscription expiring. Refunds may take 5-10 working days to appear back in your account.
- USERNAME AND PASSWORD
7.1 Upon Subscription, you will be issued with a username and password (collectively, “your account”). You agree to keep your account details confidential and acknowledge that you are wholly responsible for maintaining the security of your account.
7.2 You are solely responsible for any activity that occurs on your account, whether authorised or unauthorised. You must notify ACFB immediately of any unauthorised use of your account.
7.3 You may be held liable for any losses incurred by ACFB resulting from use of your account, whether by you or an unauthorised third party.
- INFORMATION YOU SUBMIT
8.1 If you are a Provider, as part of your Subscription, you may be required to submit information to this web site (“Provider Information”). You may also be entitled, as part of your Subscription, to submit content to this web site (“Provider Content”).
8.3 You hereby warrant that any Provider Information or Provider Content you submit to us through this web site is owned by you and that you have the necessary authority to submit such information. You hereby grant us a royalty free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to us.
8.4 Regardless whether you are a User, and End User, or a Provider, you further agree that you shall not submit or transmit any content through this web site or to us that:
(a) Is obscene, vulgar, or pornographic;
(b) Encourages the commission of a crime or violation of a law;
(c) Violates any state or federal law in the U.S., Australia, New Zealand and/or the jurisdiction in which you reside;
(d) Infringes the intellectual property rights of a third party;
(e) Is otherwise offensive or inappropriate based upon the type of content and information provided by us and/or third parties on this web site.
8.5 We reserve the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in our sole discretion, without liability or warning to you.
8.6 We reserve the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold us harmless from any consequences or actions taken by ACFB in cooperation with such law enforcement investigation or court order.
- PURCHASING AND LICENSES
9.1 By purchasing, downloading or accessing any digital products, files, training programs, Provider Content or other services or materials intended for sale or distribution from this web site (the “Licensed Material”), the Licensed Material and all associated ownership rights in the Licensed Material are not being transferred to you; they are being provided to you (the licensee) under a license from ACFB, or from the Provider as the case may be (in this agreement then called “the Licensor”), in accordance with the terms below, unless otherwise stated:
(i) For ongoing subscriptions or memberships: All such licenses are valid only while you maintain an active, paid subscription and your account remains in good standing. We reserve the right to terminate your subscription or membership and revoke all associated licenses without refund at any time without notice and for any reason.
(ii) For non-subscription products and services: All such licenses are granted when full payment has been received by ACFB for any products or services paid upfront, or where a payment plan has been completed & paid in full. For products and services for which a Payment Plan is agreed and in progress, all such licenses are granted once the initial payment has been received by us and are valid only while you maintain your agreed payments and your account remains in good standing.
(b) We retain all rights, copyright and ownership of the Licensed Material. (c) You are granted a single license for each purchase, which permits only one (1) person (user) to access and use the Licensed Materials.
(d) You may not rent, sublicense, sell or assign Licensed Material or any derivative works.
(e) Your rights to use the Licensed Material are worldwide.
9.2 Unauthorized use will result in immediate termination of this license.
- SITE SECURITY
10.1 We shall use every endeavour to ensure that the Services are provided through a web site that is secure, however you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the web site may be read or intercepted by unrelated unauthorised third parties.
10.2 We shall have no liability for the interception or ‘hacking’ of data through this web site by unauthorised third parties and any resulting loss to you or any other person or entity.
10.3 You accept and acknowledge that the security and protection of your computer systems, including your use of any virus detection software, is your responsibility. We shall not be liable to you for any loss or damage incurred as a result of you downloading files from our web site.
10.4 Payment of the subscription fee by credit card is processed through the web site of a third party and by making payment in such manner, you are agreeing to the terms and conditions of use of such third party’s web site. We shall not be liable for any loss incurred to you through use of such third party’s web site.
- NO UNLAWFUL OR PROHIBITED USE
11.2 This web site may not be used in any way that violates any national or international laws or regulations and this web site may not be used for unlawful, illegal or fraudulent or harmful purposes.
11.3 You must not use this web site to copy, store, host, transmit, send, use, publish or distribute any material that can damage and/or disrupt this web site and/or any other user’s use and enjoyment of this web site.
11.4 You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this web site and you must not engage in any reverse engineering utilising this web site.
11.6 You shall be liable to ACFB for all losses and liability incurred as a result, whether directly or indirectly, of your unlawful and/or prohibited use of this web site and you hereby indemnify and save harmless ACFB against said losses and liability.
- INTELLECTUAL PROPERTY
12.1 For the sake of clarity, reference to “this web site” in this clause 12 shall include any materials contained or published in the Services, accessed via this web site.
- THIRD PARTY REFERENCES / HYPERLINKS
13.1 This web site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ACFB, and you acknowledge that ACFB is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by ACFB or any association with its operators.
- OUR OBLIGATIONS
14.1 We agree and confirm that we will use all reasonable care and skill to: (a) Keep secure from unauthorised access all User, Member or Provider information stored on our systems;
(b) Ensure that the services provided by this web site are fit for the reasonable purposes for which they were designed.
(c) While every effort is made to ensure that the content of the web site is accurate, we make no representation or warranty in relation to the accuracy or completeness of the information found on the web site. Any reliance you place on such information is therefore strictly at your own risk in all things.
(d) ACFB may change, update, and/or make improvements to this web site and/or the Services at any time without prior notice or any liability to you.
15.1 All materials, information, software, products, services, and licensed materials included in or available through this web site (the “Content”) are provided “as is” and “as available” for your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. ACFB do not warrant that the content is accurate, reliable or correct; that this web site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. 15.2 ACFB makes no representation about the suitability of the Services and the information contained in the materials of the Services for any purpose.
15.3 You agree that you will use this web site and apply the information that you obtain from it (including but without limitation all information obtained from the Services) entirely at your own risk in all things.
15.4 ACFB will not be liable to you, whether under the law of contract, the law of tort or otherwise, for any losses and/or liability whatsoever incurred by you as a result, directly or indirectly, of your viewing and/or applying the contents of or your use or application of this web site and/or the contents thereof including (but without limitation to) the information and materials contained in the Services available via this web site.
15.6 ACFB does not warrant that the servers that make this web site available will be error free, virus free or bug free and you accept that it is your responsibility to make reasonable and adequate provision for protection against such threats. We recommend scanning any files before downloading. We will not be liable for any loss or damage caused by attacks, viruses or other technologically harmful
material that may infect your computer equipment, computer programmes, computer data or other proprietary material due to your use of this web site or to your downloading of any material posted on it, or any site linked to it.
15.7 ACFB will not be liable for any interruption to this web site during any reasonable periods of web site maintenance and/or for reasons beyond our reasonable control.
15.8 Although ACFB will take all reasonable care to protect all your Content stored on our systems through use of dedicated servers and off site computer storage, we cannot guarantee that it is stored in such a fashion that it will not become lost or corrupted and accordingly you should backup all your Content to your own servers on a regular basis. You save harmless and indemnify ACFB from all costs and/or losses associated with replacing any lost or corrupted Content and any damages associated therewith.
- LIMITATION OF LIABILITY
16.1 Under no circumstances shall ACFB, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this web site or the Content. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ACFB has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of ACFB and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid by you to ACFB for products or services. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, ACFB’s liability in such jurisdictions shall be limited to the extent permitted by law.
- SEVERABILITY AND INTEGRATION
19.1 Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ACFB with respect to this web site and supersedes all prior or contemporaneous communications between you and ACFB with respect to this web site.
- GENERAL CONDITIONS
- GOVERNING LAW
- OUR CONTACT DETAILS:
23.1 Email: [email protected]
23.3 Last Updated: 03 Jan 2022