TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to the relationship between you and thelotco (TLC).
TLC offers guidance and examples of practices we have used but it is your sole responsibility to determine what, if any, of those practices, may be suitable for your own business. The content of our products are for your general information and use only.
YOUR USE OF THE SITE
To access TLC you must be over the age of 18 and have the requisite mental capacity to enter into these terms and conditions. All information on the website is subject to change at any time without notice and we provide no warranty or undertaking that anything will remain on the site for any set period.
Content within TLC may be removed if we see fit without notice.
You acknowledge that it is entirely your responsibility to check and ensure that you are complying with all laws and legislation that may apply to your business.
Neither we nor our employees, directors, advisors nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information and materials found or offered in the TLC website and products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, mistakes, incorrect information or errors and we expressly exclude liability for any such inaccuracies, mistakes, incorrect information or errors. Tutorials may also contain out of date information. Whilst we will do our best to keep the information up to date, we do not guarantee that it is up to date.
We do not accept responsibility for any video or tutorial content by a guest tutor being accurate or correct. Any user of the website must do their own research as to whether they can follow the content given in a tutorial within their own business and in their own jurisdiction.
Should you need any business advice when setting up your own business including tax advice, we advise that you always consult a competent professional such as an accountant, lawyer or tax adviser.
TLC contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction and copying is prohibited under all circumstances and you agree to indemnify us for any costs or losses if we need to take action against you for copying material on the website.
Unauthorised use of any products or content from TLC may give rise to a claim for damages and/or be a criminal offence.
We may, at our absolute discretion, block access to the website for any reason whatsoever. If we block your access due to a breach of the terms and conditions (for example, publicising your login details or sharing templates) we will not reimburse you for any lost membership because it is your obligation to comply with the terms and conditions of usage and act within the law.
YOUR USE OF OUR FACEBOOK GROUP
We provide a Facebook group for TLC collective members. This group is for advice and support only. We do not allow promotional posts from third parties (with the exception of our own affiliates). Any promotional posts will be deleted without warning and we may, at our discretion, remove members who continue to promote third party products and services without prior agreement.
LINKS TO OTHER SITES
From time to time we may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such website(s) or agree with any content on those other websites and you acknowledge that we are not responsible for the content of the linked website(s).
OUR COURSES & MEMBERSHIP
Our products and services comprise of videos, PDF, text and other content by various tutors on matters relating to running a Retail business.
Benefits of purchasing from TLC, other than what is advertised on the sales page are not part of your purchase. This means we may include optional additional benefits with additional costs at any time without notice. For example, access to other content. You do not receive a refund or right to a replacement should we amend, modify or remove any member benefits.
The content is provided to you AS IS. You may access the content for your information and personal use solely as intended through the provided functionality of the website and as permitted under these General Terms and Conditions.
We reserve the right to make any changes that we see fit to the content functionality at our sole absolute discretion and without notice. The content is constantly being updated and is subject to change. We will wherever reasonably practicable, place a site notice of any material necessary work to be undertaken.
TERM OF PURCHASE
Purchase is a one off payment which must be made in full, or a recurring payment (monthly membership) stated at the time of purchase in order to access our resources. Price is stated at the time of payment. Lifetime access means you will have access to resources for the lifetime of the service.
Payments are taken USD. If your bank account is in another currency, your bank may charge you a foreign currency conversion fee for processing the payment.
If you opt to buy from us, you become a member on the day that we receive payment from you.
Your payment allows you to access resources immediately. You will continue to be allowed access for the period you have paid for.
By agreeing to these terms of service you are expressly waiving your right to ask for a refund and will not be entitled to a refund as you are granted immediate access to the full digital product.
It is entirely your responsibility to ensure that our products offer what you need before purchase.
You can contact us at [email protected] prior to purchase to ask any questions to ensure it meets your needs.
These terms of service assume that you are buying as a business or a freelancer. If you are purchasing as an individual consumer, please contact us prior to purchase.
Refunds are available for the annual Membership within 7 days of purchase. After 7 days no refund will be provided.
CHANGES TO THE CONTENT
It is likely that certain content will change or be amended during its lifetime.
We reserve the right to make any changes that we see fit to the at our sole absolute discretion and without notice. We will wherever reasonably practicable, place a site notice of any necessary work to be undertaken.
In the highly unlikely event that TLC cease to operate for any reason whatsoever your membership will terminate and no refund would be provided.
INTERRUPTION OF SERVICE
Although we try to ensure that our products and services are available 24 hours a day, 7 days a week to users, we cannot guarantee that the web interface will be operational and available to you all the time. The site is supported by a third party and we take no responsibility for any outage. Accidents and incidents do happen, and you should not rely on continuous, uninterrupted access.
We will not be liable to you, and you will not be entitled to a refund, credit or damages if our toolkit or course is unavailable for any reason.
ACCEPTABLE USE OF CONTENT
You agree not to circumvent, disable or otherwise interfere with security-related features of TLC or features that prevent or restrict use or copying of any content or enforce limitations on use of the content.
We intend to provide you with access to TLC Membership or Courses via the Website only – content may not be saved on a hard drive or any other medium, and may not be used on other websites or devices. You are prohibited from downloading content unless you see a "download" or similar link displayed. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent or the respective licensor at TLC.
We reserve all rights not expressly granted in and to the content.
YOUR ADDITIONAL RESPONSIBILITIES
You may not authorize anyone to access your account, and you are responsible for keeping your login, account and password details confidential. You agree to notify us of any unauthorized use of your password or account or any other security breach.
We cannot be responsible for any loss you suffer as a result of these details being disclosed, and you must indemnify/reimburse us for any loss we suffer as a result. Should a third party access or attempt to access the resources using your account and/or your details, we may, at our sole discretion, terminate your subscription immediately and you will receive no refund.
If you publish or otherwise distribute your password or other login details, whether privately or publicly, you accept and expressly agree that this may detrimentally affect access to our resources or other functionality (for example, in the event of a cyber-attack). You therefore agree to indemnify/reimburse us for any loss incurred in connection with a breach of your obligations to us whether caused directly or indirectly and whatever the type of damage or loss including economic loss, indirect loss, loss of profit, loss of revenue, loss of sales or loss of opportunity – i.e. including loss that was not foreseeably caused by your disclosure. For the avoidance of doubt, by agreeing to these General Terms and Conditions, you expressly agree not to distribute in any form whatsoever the content or resources provided by TLC.
OUR MAXIMUM LIABILITY TO YOU
If for any reason, TLC were to cease or stop running, we are unable to provide a return of any payments made by you.
In the event that you make any claim against us for any reason, our liability to you in respect of anything relating to TLC is capped at $100 USD.
LIFETIME MEMBERS AND DEFINITION OF LIFETIME
"Lifetime" means either at your death or upon TLC ceasing to be available, the website or the business for any reason whatsoever – – whichever is sooner. TLC could cease to be available for the following reasons (this list is not exhaustive) – a share or asset sale, closing for personal reasons, ill-health, bankruptcy, liquidation, insolvency or for any other reason it chooses. You cannot leave your subscription to someone else at your death.
You agree that you may access our resources for your personal use only. You are prohibited from copying, reproducing or distributing the content in whatever format. You may not sell our resources except as an Affiliate (see Section "Affiliates" in this regard). If you breach this provision you agree that you will be liable to account for profits, amongst other remedies.
If you join TLC Affiliate Program you will be bound by our terms and conditions and also any terms and conditions of whomever or whichever third-party provider we use to provide the affiliate service site.
Please read these Affiliate Terms and Conditions carefully before you join our programme or begin marketing our programme. By signing up to TLC affiliate programme ("Affiliate Programme"), you agree to the Affiliate Terms and Conditions contained this section and are responsible for your employees', agents' and contractors' compliance with them.
You can apply to enrol as an Affiliate at any time. Once you are accepted into the Programme, you will be able to participate in the Programme subject to these Affiliate Terms and Conditions. We will contact you if we have any queries about you or your enrolment. We may reject your application or terminate your enrolment at our absolute discretion, including but not limited to where we believe (in our sole discretion) that your Site is unsuitable, links to our Website are in breach of these Affiliate Terms and Conditions, or there are reputational issues or is a lack of trust.
It is a condition of the Affiliate Programme that any website or other platforms that you will link to the Website ("Sites") be suitable at all times. Unsuitable sites include, but are not limited to, those that:
• Infringe trademark rights of yours or any third party or otherwise violate the rights of any third party; or
• Contain sexually explicit materials; or
• Contain hate/violent/offensive content; or
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
• Promote illegal activities or otherwise violate any applicable laws, including those targeting "spyware," "adware" or SPAM; or
• Violate any intellectual property rights, including, without limitation, scraping text or images from the Websites or any social media account controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts"); or
• Otherwise are considered offensive or inappropriate at our sole discretion; or
• Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; or
• Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website
You represent and warrant that the Sites comply with these requirements and that you have authority to perform or procure the performance of the obligations relating to the Sites as required by these Affiliate Terms and Conditions.
Upon becoming an Affiliate, you will receive an email directing you to an area where you can control your Affiliate dashboard.
It is a condition of the Affiliate Programme that the Links that you put in place to the Website comply with the following best practices.
• Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
• You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
• Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
• If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the affiliate link is placed.
• You represent and warrant that the Links comply with these requirements and that you have authority to perform or procure the performance of the obligations relating to Links as required by these Affiliate Terms and Conditions.
We reserve the right to withhold commissions, set the Affiliate's commission to 0% or suspend or terminate the Affiliate's enrolment if the Affiliate breaches these requirements, and Affiliate shall cease using our intellectual property.
COMPLIANCE WITH ALL LAWS
You must comply with all applicable laws, rules, and regulations when promoting TLC. Where your actions result in a requirement incumbent upon us (e.g. a tax registration in a particular jurisdiction) or any kind of damage (e.g. from blacklisting the Website in a particular jurisdiction) you will indemnify/reimburse us for any action that we have to take as a result, or any damages we suffer as a result.
We believe in open dialogue with Affiliates. You must provide such information as we may request, upon request, otherwise it may not be possible to substantiate your claims for a commission. Clarity and truthful communication are vital in order for us to trust you, and it is a condition of being an Affiliate that we can trust you. We reserve the absolute right to reverse orders, set your commission to 0% or suspend you or terminate you from the program for the period or orders in question if this communication and truthfulness do not exist.
Details of the offers under the Affiliate Programme will be published from time to time. We will pay you commission based on the evidence that we have of the number of relevant purchases made by customers that you introduce. Your Link to a particular URL, or a customer's cookie, should ordinarily provide such evidence. Our calculations based on such parameters are final. Cookies may only remain active for a certain amount of time or may be disabled, and this may affect the amount of commission that can be evidenced.
We reserve the right to reverse commission payment either due or made due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
You agree to keep strictly confidential all information that we provide, including without limitation our business information, financial information, customer lists, pricing, and sales information. You will not use this confidential information for your own business purposes. Information will not be confidential where it is generally known or available to the public through legitimate sources (not including persons in breach of their confidentiality obligations). We retain all rights, title, and interest in all client databases and other such confidential information.
As an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorized manner.
Either party may terminate your enrolment as an Affiliate at any time, for any reason, provided that they provide at least five days prior written the notice of such termination to the other party.
In addition, we are entitled to terminate your enrolment as an Affiliate immediately if you materially breach or violate any of these Affiliate Terms and Conditions, or if we determine, in our sole discretion, that there are technical or operational issues (e.g. interruptions caused by or shifts in online/Internet technology) that adversely affect compliance with this Agreement, or the orders/referrals were obtained fraudulently or through misrepresentation, in which case we reserve the right to withhold payment of commissions pending an investigation of the suspected fraud or misrepresentation.
Termination of your enrolment as an Affiliate shall also terminate any outstanding obligations we have toward you. However, all non-recurring rights to payment, causes of action and any provisions, in relation to transactions prior to termination, shall survive termination of this Agreement. Confidentiality provisions shall also survive termination.
We shall not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and you agree that the following shall all be Force Majeure Events:
• extreme weather conditions preventing Classes taking place, shop deliveries being delayed or the Website not working for any reason including, but not limited to winds, snow, rain, storm, fire or floods or any natural disaster whatever;
• impossibility or difficulties with the use of any relevant means of public or private transport for any reason;
• cancellation by any third party of related services;
• impossibility or difficulties with the use of public or private telecommunications networks including the internet for any access of any part of the Website;
• inability to receive materials ordered due to a third party supplier failure which was beyond our control;
• civil unrest, riots, strikes, transport delays and anything connected with such events;
• the failure of any computer or telecommunications system or hardware or software of any description; or
• the failure of the Website, affiliate interface or supporting or connected technology.
• Our obligations under these General Terms and Conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.
• In all cases, we will take reasonable steps to bring the Force Majeure Event to a close or to find a reasonable solution by which our obligations under these General Terms and Conditions can be performed despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this.
ALL content on our Websites and on any social media account controlled by us, including but not limited to Facebook, Instagram, Twitter, LinkedIn and Pinterest accounts ("Our Social Media Accounts"), other online page or presence and any other area whatsoever which we use for any reason is the intellectual property of TLC unless otherwise stated herein. It is forbidden to use any photo, copy, text or other material from the Website for any reason. Downloading of any images, text, videos, online tutorials, face packs or any material is strictly prohibited. Should these General Terms and Conditions be breached, we reserve the right to take immediate legal action against you. If such action is in a small claims court, you expressly agree to pay our legal expenses if we succeed in any action.
In particular, we retain all Intellectual Property Rights in the Website, and nothing shall be construed as granting any rights to you or any other person in respect of such Intellectual Property Rights. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the content of the Website (including the Membership content) shall remain with us. Except as expressly provided in these General Terms and Conditions, nothing shall be construed to grant to you any right, title or interest in or to such content.
For the avoidance of doubt, all intellectual property in the online tutorials, pdf tutorials and any other material and content on the Website belongs to TLC. You accept this by confirming these terms and conditions when you join the site.
"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights, rights to sue for passing off or privacy right.
These terms and conditions bind you from the moment you use this Website. They will be periodically updated to reflect the changing nature of the website and all changes will have binding and retrospective effect to the date you first became a member. We, therefore, advise you to regularly read the terms and conditions.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
We reserve the right to unilaterally amend these terms and conditions at any time and for any reason at our sole discretion. Publishing the new version of these General Terms and Conditions will suffice to give you notice. If any modification is unacceptable to you, your only recourse is to cease your user or the site or cancel your membership or subscription. Your continued use of the site is following our posting of the new terms on the website will constitute binding acceptance of the chance.
If any court or competent authority finds that any provision of these General Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these General Terms and Conditions shall not be affected.
GOVERNING LAW AND JURISDICTION
These General Terms and Conditions and any matter relating to TLC (including non-contractual matters) are governed by Australian law, and you and we agree that any dispute shall be subject to the exclusive jurisdiction of the courts of Australia – i.e. that any litigation must be brought before the Australian courts.