Last Updated: June 2022
Kirsten Lowis, Director of Zoom in Business Pty Ltd, Inc. (“The Company,” “Zoom in Business®,” “we,” “us,” or “our”) welcomes and invites you to access and use our websites, including, without limitation, kirstenlowis.com, businessownerapp.com, zoominbusiness.com, zoominbusinessmagazine.com (the “Websites”).
The following specifies the terms and conditions on which we offers you access to our Websites. You agree to these terms and conditions by using the Websites. The sections below titled affect your legal rights. Please read these terms carefully before using the Websites.
A member (“Member”, “You”) is a person who has registered with us. As a Member who wishes to purchase a product or service through one of our Websites, you hereby agree to the terms of the Agreement.
1. Description and Use of our Websites
We provide Visitors and Members with access to our Websites as described below.
Visitors are people who do not register with us but want to explore and investigate the Website information, product, and services. Visitors can: i) view all publicly available content on the Websites; and (ii) email us.
Members are initially Visitors who have registered with us, and can: (i) purchase we products and services through the Websites; (ii) access exclusive content only available to Members; (iii) access, manage, and update their personal membership accounts on the Websites; (iv) interact, post content and approved content on the Websites; (v) sign up for all programs; (vi) sign up for alerts and other notifications; and (vii) participate in our online Community (“Community”).
- During the Membership registration process, we require you to create an account, which includes a Login (“Login”), a password (“Password”), and certain additional unique information that will authenticate your identity (“Unique Identifiers”). We request that you provide current, authentic, and complete information.
- Each Login and Password can only be used by the registered Member, and sharing this information with an unregistered and unauthorized person is a material breach of this Agreement.
- You are solely responsible for the confidentiality and use of your Login, Password, and Unique Identifiers. You will promptly inform us of any need to deactivate your Login, Password, or Unique Identifier.
Billing and Payments:
- All transactions processed through the Websites are processed in Australian Dollars (AUD).
- You agree to pay all fees in effect when incurred, plus any applicable taxes or other charges. Fees and charges are non-refundable.
- We (or our third-party payment processor) shall authorize your credit card, bank account, or approved facility you provide during the registration process.
- Our policy is to bill you for your purchase.
- If you are using a payment plan for your purchase, you must provide current, complete, and accurate billing and credit card information (such as billing address, card number, expiry date, CCV) to keep your account active. Should your credit card expire, you will be required to supply new details that will take you up to the end of the agreed payment period. We reserve the right to suspend your membership access and revoke your privileges until your outstanding payments are up to date and the terms and conditions of the Agreement are fulfilled.
- Our programs and memberships may automatically renew and your credit card or another payment method you provide at registration will be charged on the first day of each renewal period until otherwise terminated by us or cancelled by you, or unless the terms of a promotion state otherwise, for promotions that include “free” periods with “paid” periods, paid periods will elapse first.
- We can cancel your membership if you are in breach of this Agreement.
- Cancellation of Memberships will take effect at the end of the current billing period and will not result in a refund.
- For the record, any of our products that you purchase are not a subscription or “part-payment” program where you pay for access to certain modules, or a payment model that can be cancelled. A payment plan is a convenience that we offer to you for selected products and services.
- Our commitment is to educate and empower small business owners. We will promptly process a refund under this Agreement less any external fees subject to the following conditions:
- Deadline to apply for Refund. You must be a registered member to be eligible for a refund. You must submit your refund request by 5:00 pm Australian EST within fourteen (14) days of activating your membership or accessing the first two (2) Lessons. If you have accessed the Program beyond two lessons, and you feel we have under-delivered on our promise, please email your work to email@example.com before the deadline. The deadline exists because we want to encourage you to get started. Please make sure this is the right investment for you, as the refund does have a firm deadline.
- Company Discretion. All refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
3. COMMUNITY GUIDELINES (Members Only)
Our Community, like any community, functions best when its Members follow a few simple rules. By accessing and/or using the Websites, you agree to comply with our community guidelines (“Community Guidelines”) and applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose.
We remind you to employ common sense when posting material and to keep your posts in the spirit of the Zoom in Business® mission to offer a worldwide forum for small business owners. Please be polite and respectful of other Members.
The following things are against rules:
- Do not make personal attacks.
- Do not use us as an advertising medium. Commercial or any other form of solicitation is forbidden.
- Do not repost content flagged as abuse. If you believed you were flagged unfairly, feel free to contact us.
- We may not be used for any illegal activity.
- Members may not use us to injure, threaten, stalk or harass someone.
- Do not post inappropriate material.
- Your Login, password, and unique details may not be calculated to impersonate someone or some organisation.
You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please contact us, and we will review it.
We reserve the right, in our sole and absolute discretion, to deny you access to any portion of the Websites, without warning or notice, and to remove any content that breaches our Community Guidelines.
8. RESTRICTIONS AND INTELLECTUAL PROPERTY
The Websites are suitable and available for individuals aged 16 years or older. If you are under the age of majority as declared by law in your jurisdiction, you should review this Agreement with your parent or guardian prior to registration.
You agree to use the Websites for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law.
You agree not to upload, post, or otherwise make available on this site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the Zoom in Business® copyright, registered trademark or other proprietary rights – the burden of determining that any material is not protected by copyright rests with you, the Member.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials downloaded from or made available through the Websites.
You agree not to use programs, scripts, code, or other available methods to download or view multiple pages of content on the Websites in an automated fashion. Should your account generate an excessive number of page hits in a given period, your account may be automatically frozen and will be subject to review.
You agree not to save the content available on the Websites on your hard drive or other storage devices for viewing offline unless you have purchased the right to do so through or have otherwise given you permission to do so.
You understand that such actions may subject you to serious civil and criminal legal penalties and that we may pursue such penalties to the full extent of the law to protect our rights and the rights of publisher(s), author(s), and affiliate(s).
10. PERMITTED USE
You may use the Websites for your personal or commercial purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, reposting, tampering, framing, or embedding of this site or its content or tools, or any other third-party use whatsoever of the Websites or its content or its tools, is strictly prohibited without our prior written consent.
11. PLAGIARISM AND PROHIBITED USE
You agree not to misuse the Websites to plagiarise or represent the work of others as your own.
You are not permitted to copy any portion of the Websites for distribution to others other than in the normal course of your personal or commercial purposes.
12. TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all content and services available on the Websites are property of Kirsten Lowis and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. Zoom in Business® is a registered trademark.
13. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY SITES
We neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement contained in the content available through the Websites.
14. CONTENT POSTED TO THE WEBSITES
Notes, comments, reviews, and other types of content posted by members on the Websites or via the closed Facebook group or any other public forum, may be used throughout our service. By posting content, you grant (and you represent and warrant that you have the right to grant) us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully transferable, and sub-licensable right to display, use, analyse, aggregate, modify, adapt, publish, translate, transform, and create derivative works from such content.
- You understand that we will be recording Podcasts, Live Training and Question and Answer sessions, which may include videoing, audio recording, or interviews.
- Social Media comments and posts may be used as testimonials in marketing material.
- Community recordings, case studies and testimonials may then be used for the creation of educational products, or turned into online videos or audios, or used as marketing material. You give permission for this to occur.
15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER KIRSTEN LOWIS OR ZOOM IN BUSINESS PTY LTD, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN NO EVENT WILL ZOOM IN BUSINESS®, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZOOM IN BUSINESS® TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ZOOM IN BUSINESS® IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold us and our officers, directors, employees, agents, affiliates and partners and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable legal fees) arising out of your use of the App and Websites.
No representations or warranties are made with respect to the results to be obtained from participating in the Websites or purchasing the programs and services available. No portion of our material would constitute legal, professional, personal or financial advice.
17. COPYRIGHT LAW
We respect the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received, and remove any Content which is deemed to have been published or distributed in violation of such laws.
If you believe that the Websites constitute copyright infringement, please contact our designated agent as follows:
PO Box 700
Townsville, Queensland 4810
18. ACCESS OUTSIDE OF AUSTRALIA
We do not represent that materials and content in the service are appropriate or available for use in countries outside Australia. If you choose to use the service from outside Australia, you are solely responsible for compliance with your local laws.
19. CONTROLLING LAW
This Agreement and any action related thereto will be laws of the State of Queensland, Australia without regard to Private International Law provisions.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.
Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
The section headings used herein are for convenience only and shall not be given any legal import.