REFUND SPECIALIST SYSTEM: LICENCE TERMS & CONDITIONS
1. ACCEPTANCE
By purchasing, accessing or using the Refund Specialist System (“System”), you agree to be bound by these Terms.
2. PURPOSE OF THE SYSTEM
The System is provided for educational, informational and business development purposes only.
The Company makes no guarantee regarding income, profits, business success, client acquisition or any financial outcome.
You acknowledge that your results depend on your own efforts, skills, experience, implementation and market conditions.
You confirm that you have entered into this Agreement based on your own assessment and have not relied on any representation, earnings claim, forecast, promise or statement not expressly contained in these Terms.
3. LICENCE
The Company grants you a personal, non-exclusive and non-transferable licence to use the System solely for the purpose of operating your own refund recovery business.
The licence may not be assigned, shared, sublicensed, transferred or made available to any third party.
All intellectual property rights in the System remain the exclusive property of the Company.
4. INTELLECTUAL PROPERTY & CONFIDENTIALITY
The System contains valuable intellectual property, confidential information, business methodologies, training materials, templates, workflows, forms, scripts, processes and know-how owned by the Company.
You must not copy, reproduce, distribute, publish, sell, licence, teach, disclose, commercialise or otherwise exploit any part of the System except as required to operate your authorised refund recovery business.
You must keep all System information strictly confidential.
These obligations survive termination of this Agreement for five (5) years.
5. RESTRICTION ON COMPETING ACTIVITIES
During this Agreement and for the first period determined enforceable by a court being:
(a) 7 years; (b) 5 years; (c) 3 years
you must not directly or indirectly establish, operate, promote, teach, licence, coach, consult or assist any competing refund training, licensing, consulting or education business using information derived from the System.
Nothing in this clause prevents you from operating your own refund recovery business servicing end clients, provided you do not use or disclose the Company’s confidential information or intellectual property.
The Company may seek injunctive relief in respect of any breach of this clause.
6. FEES & PAYMENT
All fees are payable when due.
The Company may suspend access to the System or associated services where any amount remains unpaid.
Overdue amounts accrue interest at 10% per annum calculated daily.
You authorise the Company and its payment processors to charge amounts properly payable under this Agreement to your nominated payment method.
You are responsible for all reasonable costs incurred by the Company in recovering overdue amounts.
7. DIGITAL DELIVERY & REFUNDS
The System is supplied electronically.
Delivery occurs when access credentials, training materials, downloads, support platform access or other access details are provided.
The Company’s records relating to payment, email delivery, downloads and platform access constitute evidence of delivery.
The System is a digital product supplied immediately upon payment.
To the maximum extent permitted by law, all fees are non-refundable.
A refund is not available merely because:
(a) you change your mind;
(b) you choose not to use the System;
(c) you fail to complete or implement the System;
(d) you do not achieve your desired results; or
(e) your personal or business circumstances change.
Nothing in these Terms excludes any rights available under Law.
8. INDEMNITY & LIABILITY
You indemnify the Company, its directors, owners, employees, contractors and related entities against any claim, loss, liability, damage, cost or expense arising from:
(a) your business activities;
(b) your breach of these Terms;
(c) your misuse of the System; or
(d) services provided by you to your clients.
To the maximum extent permitted by law, the Company’s total liability is limited to the amount paid by you to the Company during the six (6) months immediately preceding the claim.
The Company is not liable for any indirect or consequential loss, including loss of profits, revenue, goodwill, opportunity or anticipated savings.
9. TERMINATION
The Company may suspend or terminate access to the System immediately if you breach these Terms or fail to make payment when due.
Upon termination, your licence ends immediately and you must cease using all System materials.
10. GOVERNING LAW
These Terms are governed by the laws of New South Wales.
The parties submit to the exclusive jurisdiction of the courts of New South Wales.
These Terms constitute the entire agreement between the parties.
