Terms And Conditions
What This Covers
This applies to:
- Our website (see below); and
- Our products and services that are available on or through our websites;
Throughout these Terms and Conditions, we’ll refer to our website, coaching, products, and other services collectively as “Services.”
Michelle Sokolich and Love the Little things trading as Easy Smartphone Video (the “Company” “we” “us” “our”) with respect to website easysmartphonevideo.com, and the services provided therein (the “Site”). The Company thus provides this disclaimer statement.
The customer – that’s you – is described as “you” “your” “he/him” “her/she”.
TERMS AND CONDITIONS OF SALE
YOUR ACCESS TO OUR SERVICES IS SUBJECT TO AND GOVERNED BY THESE TERMS. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR YOUR ACCESS TO THIS MATERIAL.
Acceptance of Terms
These and any other supplemental terms or policies that accompany a specific transaction collectively make up an agreement between you and us and your access and use of the online courses (the “Agreement”). You acknowledge that this agreement is in electronic form and has the same force and effect as an agreement in writing. By registering for our Services, one or more online course or by accessing or using any of our online courses, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should not register for an Online Course and should discontinue your access or use of the online courses immediately.
We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our website. You agree to be bound by any modification to this Agreement when you access or use any of our online courses after any such modification is posted. It is therefore important that you review this Agreement regularly.
General Registration Requirements
If you wish to purchase access to and use of one or more online course, you must register for such a course and pay the applicable fees. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction. You also agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our website and (ii) maintain and promptly update your registration to keep it true, accurate, current and complete.
Account Password And Security
If you register for an online course you will be required to choose a password and provide your email address and you may be asked for additional information regarding your account. You agree not to share, give or sell your password or username to any other person or company or allow any third party to access your account or any online course through your account unless previously agreed in writing by us. Excessive viewings or logins by you will be construed by us as fraudulent use of services, which will result in the immediate cancellation or your access to the online course without refund.
You are responsible for maintaining the confidentiality of the password and account information and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify us (by email hello(at)easysmartphonevideo(dot)com) of any unauthorised use of your password or account or any other breach of security and (ii) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to online courses if we believe your username and/or password has been compromised or is being used fraudulently, at our own discretion.
Prevention / Disclosure
You acknowledge consent and agree that we may access, preserve and disclose your account information and any content if required to do so by law or in good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process (ii) enforce this Agreement (iii) respond to claims that any such content violates the rights of third parties (iv) respond to your requests for customer service or (v) protect the rights, property or personal safety of Easy Smartphone Video, its users and the public.
We have a strict non-disclosure policy regarding any business information we ascertain from you through our business consultancy packages. You can be reassured we will not intentionally disclose sensitive information about your business to any third party unless you request we do so or you give us your full permission to do so via email.
You understand that our online courses may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by us and/or content providers who provide content to us. You may not attempt to override or circumvent any such security components and usage rules embedded in our online courses.
The online courses may not be used in connection with any commercial purposes or gain, except as specifically approved by us. The unauthorised framing of or linking to any of our online courses is prohibited.
Third Party Content
Our online courses occasionally contain content of third party licensors, which are protected by copyright, trademark, patent, trade secrets and other laws. You shall acquire no ownership or other interest in the online courses for which you register other than the right to access and use such online courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available or sell any content appearing on or through our online courses.
External Links Policy
The Easy Smartphone Video website may contain links to many other websites. Easy Smartphone Video cannot guarantee the accuracy of information found at any linked site. Links to or from external websites not owned or controlled by Easy Smartphone Video does not constitute an endorsement by Easy Smartphone Video or any of its employees of the sponsors of these sites or the products or information presented there.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from NZ or the country in which you reside.
Unless otherwise stated, all the online courses have a refund period of 30 days. If you wish to request a refund, please email hello(at)easysmartphonevideo(dot)com giving your order number, the date you purchased your course and the reasons for your request.
All consultancy packages must be redeemed by the purchaser within 6 months of the purchase date or the agreement will be cancelled without a refund.
All content on our website is subject to copyright laws. Many years of hard work have gone into the collection and dissemination of the information contained within this site. As such, the content of Easy Smartphone Video is the subject of copyright and we would ask that you kindly respect that. Please do not copy or distribute any information or images contained within the courses or duplicate any coupon codes with the intention of using it as your own or for others (this includes free and paid for information).
The same terms apply to free content as paid for content, including copyright laws.
Term And Termination
This Agreement shall remain in full force and effect for so long as it is posted on our website. We reserve the right to terminate your account or your access to our online courses immediately, with or without notice to you and without liability to you, if we believe you have breached any of the terms of this Agreement, furnished us with false or misleading information, or interfered with the use of our website or the online courses. The relevant terms of this agreement will survive the termination of this Agreement or termination of your use of the service.
In the case of business courses and products, we strongly recommend that you consult with relevant experts about current regulations, laws and rules relating to any aspect of your business practice. You acknowledge and agree that when participating in any courses, consultations or mentoring programmes, there is the possibility of liability and you assume the risk and responsibility for any such results.
Our online courses are not accredited or evaluated by any governmental, academic or other academic bodies. The completion of Easy Smartphone Videos’ online courses does not convey academic credit, which will be recognised or transferable to academic educational institutions. They may not be recognised by third parties, including employers, governmental bodies and educational institutions as imparting any particular qualification, skill-set or practice or to perform any particular task or profession, and Easy Smartphone Video makes no representations or warranties to that effect.
Disclaimer or Warranties
The online courses are available as is. We do not warrant that the online courses will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the information or other materials available through the online courses. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the online courses or any information or goods that are available or advertised or sold through our site. We do not make any representation, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the online course. We reserve the right to correct any errors or omissions in our online courses. Although we intend to take reasonable steps to prevent the introduction of computer viruses, “worms”, “Trojan Horses” or other destructive materials to our online course, we do not guarantee or warrant that our online courses do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our online courses, you do so solely at your own risk.
The online courses may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties. Due to the number of sources from which content in the online courses is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. We make no representations that the online courses will meet your requirements or the results that you may gain from your use of the online courses.
Limitation on Liability
Easy Smartphone Video and its affiliates and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the online courses or programs, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the online courses (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable online courses and programs.
You agree to indemnify and hold harmless Easy Smartphone Video and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation by you of these Terms and Conditions of sale, or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
By taking part in any free or paid services with Easy Smartphone Video, you are representing yourself as a competent, effective individual who is fully able to make her/his own personal and business decisions and choices, including those you may make as a result of any such training or coaching received. You represent yourself or your company as being able to operate fully, freely, and responsibly for all of your personal and business decisions and actions.
By confirming this agreement, you are agreeing that any actions you or your company take as a result of Easy Smartphone Video input, including coaching, speaking, training or development are your actions alone. You alone are responsible completely and fully for the outcomes, results and any liabilities that arise from taking those actions. By agreeing to this you waive all claims of any type whatsoever that you might have against Easy Smartphone Video arising out of or in connection with any claims or lawsuit, liabilities or damages of any sort incurred by you related to any actions you take.
Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the online courses (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our online courses.
This Agreement constitutes the entire agreement between you and us with respect to the online courses and programs and governs your access to and use of the online courses, superseding any prior agreements between you and us with respect to the online courses.
Choice of Law and Forum
This Agreement shall be governed by the laws of NZ, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the online courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about this Agreement please email hello(at)easysmartphonevideo(dot)com
By accepting these Terms you are agreeing to the above.
Updated October 2019