Privacy Policy, Terms & Conditions

Sep 13, 2018

Valini Pty Ltd trading as Mad for Digital and its related companies is strongly committed to maintaining the privacy of personal information it collects as part of the services it offers. We place great importance on protecting the privacy of our employees, valued clients, customers and other stakeholders.

References in this document to ‘MAD’, ‘us’, ‘we’ or ‘our’ refers to Valini Pty Ltd.

A Contractor may be a supplier, consultant or other entity that provide products and services to Valini Pty Ltd.

References in this document to “Client” or “Customer” or “You” refers to You a person being an individual, an entity, or a Government Body.

A Contract is a legally enforceable understanding between two or more persons or legal entities (the contracting parties).

Governing law and jurisdiction
These policies and contracts are governed by the law of Western Australia. The Parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

 

Privacy Policy Statement

Purpose

The purpose of this policy is to:

  • Give you a better and more complete understanding of the kinds of personal information that we collect and hold.
  • Clearly and concisely communicate how and when your personal information is collected, disclosed, used, held and otherwise handled by us.
  • Inform you about the purposes for which we collect, hold, use and disclose personal information.
  • Provide you with information about how you may access your personal information, and seek correction of your personal information.
  • Provide you with information about how you may make a complaint, and how we will deal with any such complaint.

Policy Statement

This policy sets out how we will comply with our obligations under the Privacy Act 1988 (Cth) (Act).

We will ensure that all of our officers, employees and Contractors are aware of and understand our obligations and their own obligations under the Act and are provided with training to enable them to fulfil these obligations.

We will also achieve this through maintaining internal policies and processes to prevent personal information from being improperly collected, held, shared/exchanged, accessed or disposed of.

What is personal information?

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. It includes your name, date of birth/age, gender and contact details as well as health information (which is also sensitive information). In this privacy policy, a reference to personal information includes sensitive / health information.

Collection of personal information

We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of our functions or activities.

Personal information collected by us will usually fall into one of the following categories:

  • Contact information (name, age, address, email address and telephone numbers);
  • Financial information (e.g. bank account details).
  • Information obtained to assist in managing client and business relationships.

We may collect your information from you in a variety of ways including face-to-face, over the telephone, through an online form or portal or application, through a paper form or by email.

Where personal information is sensitive information, we will only collect that information where:

  • It is reasonably necessary for one or more of our functions,
  • We have the individual’s consent to the collection of that information, or
  • We are required or authorised by law to collect the sensitive information.

We may also collect, use and store your personal information for marketing purposes in order to inform you of the services we offer.

Our services, functions and activities, as well as those of our contracted service providers, may change from time to time.

Protecting and storing your personal information

We are committed to keeping personal information secure and safe. Some of the ways we do this are:

  • Requiring client, employees and contractors to enter into confidentiality agreements
  • Securing hard copy document storage (i.e. storing hard copy documents in locked filing cabinets)
  • Security measures for access to computer systems to protect information from unauthorised access, modification or disclosure and loss, misuse and interference
  • Password protected data storage devices such as laptops, tablets and smartphones
  • Providing a discreet environment for confidential discussions
  • Access control for our buildings including waiting room/reception protocols and measures for securing the premises when unattended
  • Security measures for our website(s)

MAD reviews and updates these measures from time to time to ensure security is maintained.

Personal information may be stored in documentary form but will generally be stored electronically on our software or systems.

Although we take all reasonable steps to secure personal information from loss, misuse and unauthorised access, there is an inherent risk of loss of, misuse of or unauthorised access to such information. We will not be held responsible for such actions where the security of the personal information is not within our control or we cannot reasonably prevent such an incident, for example, a technical malfunction, computer virus, third party interference or any action or event that is beyond our reasonable control.

Who will we disclose your personal information to?

We will only use and disclose personal information for the primary purpose for which it was initially collected, or for purposes which are directly related to one of our functions or activities.

Like many other businesses in Australia, we contract out some of our functions and rely on third-party suppliers or Contractors to provide specialised services, technology and data storage services, legal advice, insurance broking, security services, business advisors and financial services. If personal information is provided to these suppliers, advisors and Contractors in order to enable them to perform the agreed tasks, we will take reasonable measures to ensure that the supplier, advisor or Contractor handles the personal information in accordance with the Act. For example, we require all suppliers, advisors and Contractors to provide privacy undertakings and enter into confidentiality agreements where they may have access to personal information.

We will not disclose your personal information to government agencies, private sector organisations or any third parties unless one of the following applies:

  • You have consented
  • We believe that you would reasonably expect, or have been told, that information of that kind is usually passed to those individuals, bodies or agencies
  • It is otherwise required or authorised by law
  • It is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body (e.g. police, ASIC, Immigration Department)

Accuracy of Personal Information

We will ensure that all personal information we collect, use or disclose is accurate, complete and up-to-date. Please contact MAD’s Privacy Officer (details below) if you are aware of any personal information that does not meet this objective.

If we are aware that we hold personal information that (having regard to the purpose for which it was collected) is inaccurate, out of date, incomplete, or irrelevant, we will take reasonable steps to correct that information.

You may seek access to, and correction of, personal information held by us in accordance with the section below “How can I access my personal information and contact MAD?”

How can I access my personal information and contact MAD?

You can request access to personal information that we hold about you by completing the Personal Data Access Request form.

To request deletion of the personal data we hold about you, complete the Personal Data Deletion Request form.

The procedure for requesting and obtaining access is as follows:

  • All requests for access to personal information to be made in writing and addressed to our Privacy Officer (see contact details below). All requests should specify how the information is proposed to be accessed (photocopies, electronic copy, or visual sighting)
  • Please provide as much detail as possible regarding the MAD department or person to whom you believe your personal information has been provided and when. This will allow us to process your request more efficiently
  • We will acknowledge your request within 14 days of the request being made
  • Access will usually be granted within 14 days of our acknowledgment. If the request cannot be processed within that time for whatever reason, we will let you know the anticipated timeframe for a response to be provided
  • You will need to verify your identity and authority before access to personal information is granted
  • We may charge a reasonable fee for access to personal information, which will be notified and required to be paid prior to the release of any information. Once the request has been processed by us, you will be notified of our response and proposal for suitable access (provision of photocopies, digital copies or visual sighting, where appropriate).
  • We may refuse to grant access to personal information under certain circumstances (see below).
  • If, as a result of access being granted, you are aware that we hold personal information that you regard as being no longer accurate or incorrect, you may request the deletion or correction of such information.
  • Upon receipt of a request to correct or delete personal information, we will either make such corrections or deletions or provide written reasons as to why we declined to make such alterations (see below).

Under the Act, we may refuse to grant access to personal information if:

  • We believe that granting access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety
  • Granting access would have an unreasonable impact upon the privacy of other individuals
  • Denial of access is required or authorised by law or by a Court or Tribunal order
  • Giving access would be unlawful
  • The request for access is frivolous or vexatious
  • Legal proceedings are underway or anticipated and the information would not be accessible by way of the discovery process in those proceedings
  • Giving access would reveal the intentions of MAD in relation to negotiations between MAD and you in such a way as to prejudice those negotiations
  • Giving access is likely to prejudice enforcement related activities conducted by, or on behalf of, an enforcement body
  • Giving access is likely to prejudice action being taken or to be taken with respect to a suspected unlawful activity or serious misconduct relating to our functions or activities
  • Giving access would reveal information in connection with a commercially sensitive decision-making process.

If we do not agree to make a correction to personal information, you may provide a statement about the requested corrections, and we will ensure that the statement is apparent to any users of the relevant personal information.

If we do not agree to provide access to personal information or to correct the personal information, we will provide you with written reasons for the refusal and the mechanisms available to complain about the refusal.

MAD has a designated Privacy Officer who is responsible for the management of:

  • Requests for access to personal information.
  • Complaints regarding our management of personal information.
  • Coordination of employee training.

For information regarding privacy, the Privacy Officer can be contacted at:

The MAD FOR DIGITAL Privacy Officer,

35 Waroonga Rd

Nedlands

Western Australia 6009

Email: privacy@madfordigital.com

Communications and Marketing Policy

We communicate with users who subscribe to our services on a regular basis via email, and we may also communicate by phone or SMS. We may use your email address and phone number to (i) confirm your information (ii) send notices and other disclosures as required by law or (iii) advise you of programs you are formally registered with and/or (iv) provide information about the services we provide. Generally, users cannot opt out of these communications, which are not marketing related but merely required for the relevant business relationship.

We may also collect, use and store your personal information for marketing purposes in order to inform you of the services we offer. Part of delivering a high quality, personalised digital experience is recognising who we’re talking to, so we can provide the services that you want from us. To do that, we may need to request and store some of your personal information. We know your privacy is vital, so these details will only ever be used in accordance with the terms of this Privacy Policy.

MAD may also use your personal information for the purpose of marketing its services.

If you do not want to receive marketing material from us, you can contact us as detailed below:

  • for electronic communications, you can click on the unsubscribe function in the communication or
  • for hard copy communications, you can email info@madfordigital.com

Cookies and other technologies are used by MAD on MAD’s website and through email to automatically collect certain types of information. The collection of this information allows us to customise your online experience (including tailored MAD marketing), improve the performance, usability and effectiveness of MAD’s online presence and to measure the effectiveness of our marketing activities.

If you register or log into an MAD website or social media or advertising site and provide personal information, we will use your information to personalise your user experience. If you register or log into an MAD website using a third-party account (such as LinkedIn, Google or Twitter), we may collect personal information you have permitted the third-party service to share, including your name and email address, depending on the privacy settings you have set with the third-party service and their privacy policy.

IP Address

An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognise and communicate with one another. Public IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to conduct website trend and performance analysis and to personalise your user experience.

Cookies

Cookies may be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device.

Although most browsers automatically accept cookies, you can choose whether or not to accept cookies via your browser’s settings (often found in your browser’s Tools or Preferences menu). You may also delete cookies from your device at any time. However, please be aware that if you do not accept cookies, you may not be able to fully experience some of our website’s features.

Cookies by themselves do not tell us your email address or otherwise identify you personally. In our analytical reports, we may obtain other identifiers including public IP addresses, but this is for the purpose of identifying the number of unique visitors to our website and geographic origin of visitor trends, and not to identify individual visitors.

Analytics Tools

MAD uses analytics tools, such as Google Analytics. Reports obtained from Google Analytics are used to help improve the efficiency and usability of this website.

Google Analytics uses first-party cookies and JavaScript code to gather statistics about how the MAD website is accessed. It anonymously tracks how our visitors interact with our website, including where they came from, what they did on the site including such things as news registration.  No personal information is collected or stored by MAD or Google. The information generated by the cookie and JavaScript code about your use of the website (including your IP address) will be transmitted to and stored by Google on servers located outside Australia. Google is based in the United States of America (USA). Should you wish to contact Google, you can find contact details on Google’s Contact us page.

Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

By using our website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. Relevant legislation of the USA will apply. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

Google Tag Manager

We use Google Tag Manager, a digital marketing service provided by Google Inc. (“Google”). Reports obtained from Google Tag Manager are used to help improve the efficiency and usability of the website by measuring traffic and visitor behaviour to the business.gov.au website.

Google Tag Manager uses tags which are tiny bits of website code that allow us to measure traffic and visitor behaviour, understand the impact of online advertising and social channels, use remarketing and audience targeting, test and improve our site. Google Tag Manager keeps track of a set of tags and tag-firing rules, but it does not collect any personally identifiable information. When a user visits the site, the most up-to-date tag configuration is sent over to the end user’s browser with instructions to fire appropriate tags. The information generated about your use of the website (including your IP address) will be transmitted to and stored by Google on servers located outside Australia. Google is based in the United States of America (USA). Should you wish to contact Google, you can find contact details on Google’s Contact us page.

By using our website, you consent to the processing of data about you by Google in the manner prescribed by Google’s Privacy Policy and for the purpose set out above. Relevant legislation of the USA will apply. You can opt out of Google Analytics if you disable cookies, JavaScript, or use the opt-out service provided by Google.

Web beacons

A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server.

MAD or its service providers may use web beacons to track the effectiveness of third-party website that provides us with marketing services or to gather aggregate visitor statistics and manage cookies.

You have the option to render some web beacons unusable by rejecting their associated cookies. The web beacon may still record an anonymous visit from your IP address, but cookie information will not be recorded.

In some of our newsletters and other communications, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge user interest and to enhance future user experiences.

Location-based tools

MAD may collect and use the geographical location of your computer or mobile device. This location data is collected for the purpose of providing you with information regarding services which we believe may be of interest to you based on your geographic location, and to improve our location-based products and services.

Social media widgets and applications

MAD’s website may include functionality to enable sharing via third-party social media applications, such as the Facebook Like button and the Twitter widget. These social media applications may collect and use information regarding your use of MAD’s website. Any personal information that you provide via such social media applications may be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.

In addition, MAD’s website may host applications or services (collectively “social media features”). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any MAD social media feature may be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we may have limited or no control.

Links to third party websites

MAD’s websites may contain links to third parties’ websites, including sites maintained by other MAD member firms. Those other websites are not subject to our privacy policy and procedures. You will need to review those websites to view a copy of their privacy policy.

MAD also does not endorse, approve or recommend the services or products provided on third party websites.

Your choices

You have several choices regarding your use of MAD’s website. In general, you are not required to provide personal information when you visit our website. However, if you apply to receive information about our services, register for services, events and updates or wish to apply for a job, provision of certain personal information will generally be required.

If you do not want to receive marketing material from us, you can contact us as detailed below:

  • for electronic communications, you can click on the unsubscribe function in the communication or
  • for hard copy communications, you can email info@madfordigital.com

 

Terms Of Participation For “8 Week Digital Strategy”

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Valini Pty Ltd (“MAD”, Company”, “we”, or “us”) and You (“Client” or “Customer” or “You”) agree to the following terms stated herein, refer to all legal definitions at the beginning of this document or website page.

Program/Service

MAD agrees to provide Program, “8 Week Digital Strategy”, whether live or replay (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, MAD shall provide the following to Client:

A Password Protected Program Area: MAD shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 120 days. In the event that MAD intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the core resources contained in the Program Area.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

The Closed “Students Only” Facebook Group falls under this bonus category. This group is a “community ran group” meaning that students are encouraged to help each other. A Community Manager, employed by the Company, oversees the group to ensure it is running smoothly. MAD employees or contractors may appear live on video in the community for a minimum of 6 Q&A live sessions during your enrollment in the Program. You shall have access to this closed Facebook Group area for as long as the closed Facebook Group Area exists, however no less than 120 days. In the event that MAD intends to close the closed Facebook Group Area, it shall provide clients with a 30-day notice.

Disclaimer

MAD’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands Chris Melville (herein referred to as “Consultant”) and MAD, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

Fees

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment of $1497 (due immediately) or 3 monthly payments of $647 or 12 monthly payments of $197. If you elect to pay for in full, you can pay in one payment of $1497 (saving up to $867). If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 or 11 payments on a monthly basis, for a total payment of $1,941 for 3 months duration or $2,364 for 12 months duration.

If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

If you have a coupon or discount code it will be divided across each of the schedule payments dependent on the selected payment term (1 single payment, 3 payments or 12 payments) and applied across all payments scheduled. Some adjust may be made to the First scheduled payment for rounding.

Methods Of Payment

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Refund Policy

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. MAD provides a 60-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund, you must submit proof that you did the work in the course. In the event that you decide your purchase was not the right decision, within 60 days of enrollment, contact our support team at info@madfordigital.com and let us know you’d like a refund by the 60th day at 11:59 AWST (Australian Western Standard 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 60th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items:

  • Requirement 1: Complete and attach all of the takeaways from each week “Week Worksheets”.
  • Requirement 2: Complete and attach your “Digital Strategy Template” (It must be at least 10 pages in length and fully fleshed out with objectives, metrics, budgets, marketing structure, channel strategies, content strategy, brand messages, funnel design, technology stack, data analysis, and actions. It can not just be an exact copy of the course slides or notes but show how it applies to your business)
  • Requirement 3: Complete and attach a copy of your “Reporting Dashboard” (In a Google data studio, or reporting application, include details of all metrics at least 5 and why they are suitable for your business.
  • Requirement 4: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?

We will NOT provide refunds more than 60 days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 60 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, MAD will promptly issue an instruction to its payment processor to issue the refund. MAD does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slideshows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by MAD. To further clarify, we will not provide refunds after the 60th day from your date of purchase and all payments must be made on a timely basis. 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.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info@madfordigital.com.

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants or Social Community participants (those on any of the MAD social pages or groups) outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

No Transfer Of Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of MAD or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

Mad For Digital name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the MAD. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

MAD content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of MAD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Client Responsibility

MAD respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

Independent Contractor Status

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. MAD is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Force Majeure

MAD or its employees or Contractors shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Severability/Waiver

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Miscellaneous

You agree to absolve and do hereby absolve MAD, its employees or Contractors of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of the use of the Program and/or any information and resources contained in the Program. You agree that MAD shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. MAD and/or its employees or Contractors may make improvements and/or changes in the Program at any time.

MAD and/or its employees or Contractors make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. MAD and/or its employees or Contractors hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall MAD and/or its employees or Contractors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if MAD and/or its employees or Contractors has been advised of the possibility of damages. Because other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Governing law and jurisdiction
This contract is governed by the law of Western Australia. The Parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

Non-disparagement

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

Assignment

Client may not assign this Agreement without express written consent of MAD.

Modification

MAD may modify terms of this agreement at any time. All modifications shall be posted on the Mad For Digital website.

Termination

The Company reserves the right, in its sole discretion, to terminate your (You) access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Indemnity

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, Contractors and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Resolution Of Disputes

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the Governing law and jurisdiction of Western Australia.

Earnings Disclaimer

Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Google, nor have they been reviewed tested or certified by Google.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques.

Any claims made of actual earnings or examples or references to other sources of information can not be used as factual information or as an indication of future results. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Our Minimum Guarantees

Unless otherwise noted, all products come with a 60 days guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this Program. If you require further clarification, please contact info@madfordigital.com

 

© Mad for Digital

 

Last Updated: 14th September 2018